Baby Pendo Incident and Legal Proceedings

Background

On the night of August 11, 2017, during post-election protests in Kisumu, police officers raided the home of the Abanja family in the Nyalenda area. According to reports, officers threw a tear gas canister into their one-room house, prompting the family to flee. While her mother, Lencer Achieng, was holding Baby Pendo, an officer struck the infant on the head with a baton. The baby lost consciousness and was rushed to Aga Khan Hospital, where she died three days later in the intensive care unit. A post-mortem examination revealed that Baby Pendo suffered a severe head injury resulting in a gaping skull fracture, leading to her death.^[1]^[2]

Legal Proceedings

Initial Investigations

Following the incident, an inquest was opened to investigate the circumstances surrounding Baby Pendo's death. The inquest found that five police officers were culpable for the incident.^[3]^[4]

Charges and Court Cases

In October 2022, DPP Noordin Haji authorized charges against 12 police officers, including senior commanders, for serious crimes related to the deaths of Baby Pendo and other protesters during the 2017 post-election violence. The charges included murder, rape, and torture as crimes against humanity.^[5]

On May 5, 2025, a Kenyan court charged four police officers with crimes against humanity for the death of Baby Pendo. The charges included one count of murder, 11 counts of rape, and 38 counts of torture. The four officers pleaded not guilty to the charges, and the case was scheduled for mention on May 12, 2025.^[6]^[7]

Bail

On June 16, 2025, the Milimani High Court granted the four officers a cash bail of Ksh.1 million each with two sureties of Ksh.500,000 each. The court imposed strict conditions, including barring the officers from visiting the crime scenes in Kisumu and prohibiting them from contacting witnesses or victims. The officers were also ordered to report to the nearest Independent Policing Oversight Authority (IPOA) office every three months until the case concludes.^[8]^[9]

Public Reaction

The handling of the case has drawn criticism from various human rights organizations. A coalition of 30 rights groups condemned delays and procedural irregularities in the prosecution, including the exclusion of senior police officers with command responsibility from the charge sheet. They also expressed concern over the prosecutor's office naming victims and witnesses, which could expose them to harm and reprisals.^[10]^[11]

Timeline Summary

Date	Event
August 11, 2017	Police raid on Abanja family's home; Baby Pendo injured
August 15, 2017	Baby Pendo dies from head injuries
October 2022	DPP authorizes charges against 12 police officers
May 5, 2025	Four officers charged with crimes against humanity
June 16, 2025	Officers granted bail with strict conditions
July 2025	Next court mention scheduled

sources and for more details

[1] Rape, Torture Among Charges Leveled Against 4 Officers in Baby Pendo Murder Case - Nairobi Leo

[2] Baby Pendo: DPP Haji gives nod to charge police bosses over infant's death - Nation

[3] Baby Pendo: DPP Haji gives nod to charge police bosses over infant's death - Nation

[4] Kenyan court charges four police officers over baby's death after 2017 elections - Reuters

[5] Baby Pendo: DPP Haji gives nod to charge police bosses over infant's death - Nation

[6] DPP refutes claims of dropping charges against police officers in Baby Pendo murder case - Capital FM

[7] Kenyan court charges four police officers over baby's death - Reuters

[8] Four officers in Baby Pendo case freed on Sh1 million bail - The Star

[9] Four cops charged in Baby Pendo murder case granted Ksh1m cash bail each - Citizen Digital

[10] Baby Pendo: Four Kenyan police officers charged over killing as others freed - BBC

[11] Rights groups slam mishandling of Kisumu police brutality case - Standard Media

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