Director of Public Prosecution (DPP) Noordin Haji, on Friday, October 28, charged four police bosses and eight junior cops with murder after they were incriminated in the death of Baby Samantha Pendo during the 2017 General Election.
Through a statement, Haji ordered the fresh charging of four senior bosses who commanded the operations in the informal settlements of Nyalenda, Nyamasaria, Kondele and Obunga in Kisumu county.
According to the revised charges, the cops were set to be charged under International Crime Act 2008.
Among those charged were a Commissioner of Police, Senior Superintendent, Assistant Superintendent and a Chief Inspector.
DPP argued that it was critical to ensure the cops are held accountable for their actions and direct command in the service after the 2017 polls.
"Thus, the ODPP was of the opinion that the concept of superior/command responsibility must be explored for the first time in Kenya's history," the statement read in part.
"The ODPP directed that the investigations expand beyond the death of Baby Pendo and take into account the aspect of superior/command responsibility," DPP Haji added.
"I have directed that the suspects be charged accordingly. In the interim, the suspects' identities have not been disclosed to ensure that the victims and witnesses of the aforementioned crimes are protected. All suspects are innocent until proven guilty," he insisted.
Explaining why the case was delayed, DPP Haji noted that the office of the Directorate of Criminal Investigation (DCI) had failed to identify cops suspected of having committed the crimes.
However, after perusing the files presented, it was established that the attacks were committed by or under the authority of senior national police officers, who, apart from the murder of Baby Pendo, committed various offences such as torture, rape and sexual violence.
To further get at the bottom of the murder case, the DPP directed that a prosecution-guided investigation be undertaken by the Independent Policing and Oversight Authority (IPOA).
In addition, the DPP invited the Kenya National Commission on Human Rights (KNCHR), Civil Society organizations, victims and witnesses to participate and assist in the investigations.
