The United Nations has praised the Director of Public Prosecution, Noordin Haji, for ordering 12 police officers involved in the death of Baby Pendo to be charged with murder under the International Crimes Act.
In a statement by the UN High Commissioner for Human Rights, Volker Turk, the UN stated that Kenya made history for preferring charges under international law.
Turk added that the decision was groundbreaking as it would help bring justice to thousands of Kenyans who were affected during post-election chaos.
“Today’s groundbreaking decision is a positive step towards justice and accountability for survivors and families of victims, including in the context of electoral violence, and can strengthen prevention of future violations,” he stated.
Turk also acknowledged the role various civil societies played in lobbying the ODPP to have the 12 police officers held accountable under international law.
"The High Commissioner noted that the decision builds upon recent advances by Kenyan institutions – supported by the UN Human Rights Office – to strengthen accountability for human rights violations.
"It is also the first criminal prosecution of electoral-related sexual violence and the first case to be charged using the doctrine of superior or command responsibility," read the statement in part.
The UN boss added that his office would continue advocating for the adherence to the rule of law from the government and various policing agencies.
He cited extrajudicial executions and enforced disappearances as one of the key issues that needed to be addressed.
While recommending the 12 cops to be charged, Haji's office noted that the DPP believed that the concept of command responsibility must be explored for the first time in Kenya's history.
"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.
Postmortem done on the six-month-old baby indicated that she died due to injuries incurred in the head.
