Amnesty International Kenya praised a High Court ruling Thursday which found that 11 police commanders and officers have a case to answer in connection with the death of baby Samantha Pendo and other victims of the 2017 post-election violence. The officers are facing 47 charges of crimes against humanity, including murder, torture, and rape.
The incident dates back to 2017 when police raided the Nyalenda Kilo area in Kisumu during post-election protests. Baby Pendo, only six months old, lost her life during a brutal crackdown on protesters, her mother encountering severe police brutality while fleeing from teargas. This sparked widespread outrage and demands for justice.
The inquest into Pendo’s death began in 2019, focusing on holding senior officers accountable for their actions. In 2022, the Office of the Director of Public Prosecutions (ODPP) charged 12 police commanders under the International Crimes Act, which incorporates the Rome Statute of the International Criminal Court (ICC) into Kenyan law.
Judge Kanyi Kimondo dismissed arguments from the defense that the High Court lacked jurisdiction to handle the charges under the International Crimes Act. The judge affirmed the authority of Kenyan courts to hear the case based on national laws and procedures rather than the protocols of the ICC.
“The ruling is a crucial step towards justice for all victims of the 2017 post-election violence,” said Irungu Houghton, Executive Director of Amnesty International Kenya. He emphasized that the decision upholds the jurisdiction of Kenyan courts and rejects claims that the ODPP was unduly influenced by non-governmental organizations to press charges.
In his ruling, Judge Kimondo also issued a renewed warrant of arrest for an officer who had persistently failed to appear in court. The court directed that the accused police commanders and officers appear on October 3, 2024, to take their plea.
The charges against the officers are based on the principle of command responsibility, holding them accountable for the actions and inactions of their subordinates. The case marks the first time in Kenya’s history that senior police officers face such serious charges under the International Crimes Act.
The accused officers, including Titus Yoma, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe Wakio, Josephat Sensira, James Rono, Lima Kogey, and Mohamed Ali Guyo, have contested the charges, arguing that the alleged offenses do not meet the threshold of international crimes based on the “command structure.” They also claim that both local laws and the Rome Statute conflict with Article 245 of the Constitution.
The ruling by Judge Kimondo has been widely welcomed by human rights groups and the victims’ families as a pivotal moment in the fight for accountability and justice.
