Human rights groups condemn dropping of charges against 8 officers in Baby Pendo case
Human rights organisations and victims’ families have strongly condemned the decision by the Office of the Director of Public Prosecutions (ODPP) to drop charges against eight of the twelve police commanders and officers initially implicated in crimes committed during Kenya’s 2017 post-election period, which led to the killing of Baby Pendo.
Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission and the Police Reforms Working Group, in a joint statement issued on Monday, May 5, 2025, read foul play in the move, which they say has come after more than ten applications were made by the accused police officers’ defence counsel and the DPP to defer plea-taking against the original twelve officers.
Amended charge sheet
You might also like
The rights groups further stated that the charge sheet was amended without the involvement of the Independent Policing Oversight Authority (IPOA), the investigating agency in the case.
“Victims’ families, Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission and the Police Reforms Working Group condemn the DPP’s dropping of charges against eight of the twelve police commanders and officers who were initially included in the original charge case. Today, four police officers took plea before the High Court of Kenya for charges of crimes against humanity, including murder, rape and torture committed against civilians during the 2017 elections, under the International Crimes Act,” the statement read in part.
“The charges include the brutal murder of Baby Samantha Pendo. The plea-taking occurred after more than two years since the case was lodged by the Office of the Director of Public Prosecutions (ODPP) in 2022, following repeated adjournments and delays.”
Adding: “The latest twist follows no less than ten applications by the accused police officers’ defence counsel and the DPP to defer plea-taking against the original twelve officers. Furthermore, and as stated in court, the charge sheet was amended without the involvement of the Independent Policing Oversight Authority (IPOA), the investigating agency in the case.”
The activists have taken issue with the charge sheet used on Monday, May 5, which omitted senior police officers who held overall command responsibility during the operations that saw the deaths, rape and injuries of no less than 60 Kenyans in Kisumu County.
The charge omits senior police officers who held overall command responsibility during the operations that saw the deaths, rape and injuries of no less than 60 Kenyans in Kisumu County.
“We are also deeply concerned that, contrary to the ODPP’s obligations on protection, the charge sheet, which is now public, contains the names of victims and witnesses. This public identification has the potential to expose the victims and witnesses to possible harm and reprisals and could jeopardise the case against the four officers,” they stated.
“We urge all parties to adhere to the court’s order to mitigate harm to the victims in accordance with the Victims Protection Act. In this regard, we call on all parties and the media to redact the names of the victims and witnesses in further proceedings and reporting.”
DPP drops charges
The DPP on Monday, May 5, 2025, dropped charges against the eight police officers in Baby Pendo’s murder case, with only four out of the initial 12 taking plea.
The DPP charged police officers John Chengo, Linah Kosgey, Cyprine Wankio and James Rono with different charges, including that of murder and torture in the baby Pendo case.
The first accused, John Chengo, has been charged with murder as a crime against humanity contrary to section 6(1)(b) as read with section 6(3) and section 7(1)(f) of the International Crimes Act, No. 16 of 2008 Laws of Kenya, and Article 28(b) of the Rome Statute of the International Criminal Court.
