The Court of Appeal on Friday, March 21, ruled that the 12 officers linked to the 2017 killing of Baby Samantha Pendo are set to face prosecution and charged with murder by the Director of Public Prosecution (DPP).
The court also rejected an application by the National Police Service (NPS), which sought to be enjoined in the case, citing legitimate interest.
The development paves the way for the officers to now take plea before the courts, a matter that they had initially navigated successfully. The officers, in seeking stay orders prohibiting them from taking pleas, had argued that it was an infringement of their constitutional rights.
However, in the aftermath of the fresh ruling, the officers, who were charged under the doctrine of command responsibility, now face 47 counts of crimes against humanity, including murder, torture, and rape committed during the 2017 post-election skirmishes in Kisumu.
“In our ruling, we have said enough to show that despite being premised on an arguable appeal, the applications for stay of execution (taking plea) cannot succeed,” stated Justices Korir and Ngugi.
“The applications are bound for dismissal, which we hereby do. We also reaffirm our dismissal ofan application by the National Police Service to be made a party to the case,” they further added.
Baby Pendo succumbed to injuries during the 2017 post-election protests when the 12 officers are reported to have hit her on the head after they stormed her parents' house in Nyalenda slums, Kisumu.
Following the incident, her mother, Lancer Achieng', revealed that the officers broke the door and started hitting her husband with a baton, and then moved on to her, although she was holding a baby.
The 12 officers set to face the charges are Mohammed Baa, Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono.
Willis Otieno, Baby Pendo's family lawyer, has in the past blamed the delay in the conclusion of the case on the ODPP, with the case having taken more than six years.
Should the 12 officers be found guilty, then the parents of the baby can institute further criminal proceedings against the Inspector General and his office for the offences committed by the officers.
