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Baby Pendo

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Baby Pendo Incident and Legal Proceedings

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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

Government Response to Baby Pendo's Death

1. Director of Public Prosecutions (DPP) Noordin Haji – Charges and Command Responsibility

DPP Noordin Haji announced that he had authorized charges against **12 police officers**, including senior commanders, under the **International Crimes Act** for Baby Pendo’s death and related crimes:

> “The concept of superior/command responsibility must be exploited for the first time in Kenya’s history.”[12]

He emphasized that the force used in Nyalenda was part of an organized operation, and vowed to prosecute not only the officers on the ground but also those in command. When four junior officers were charged in May 2025, Haji later clarified that the other eight senior officers would serve as **state witnesses**, not be dropped entirely.[13]

2. Judiciary – Vowing Swift Action on Delays

In January 2025, **Chief Justice Martha Koome** assured stakeholders that the judiciary was working to expedite the pleas despite procedural delays caused by a reassignment of judges. The **Judiciary stated** it had "noted the concerns... and is committed to ensuring [the case] is heard fairly and concluded expeditiously."[14][15]

3. Kisumu Governor Peter Anyang’ Nyong’o – Public Pressure

On **January 17, 2025**, Governor Nyong’o publicly expressed frustration with the delays, labeling the prolonged proceedings a **“blatant violation of human rights.”** He urged Chief Justice Koome to intervene or consider escalating the matter to the **ICC** if domestic deadlines continued to be missed.[16]

4. Former Interior CS Fred Matiang’i – Call for Full Accountability

In July 2025, former Interior Minister Fred Matiang’i emphasized that **all officers found responsible**—regardless of rank—**must face prosecution**. He affirmed that the government had supported investigations despite tensions between IPOA and the police.[17]

Summary Table

Official Statement Date Source
DPP Noordin Haji Authorized charges against 12 officers; invoked command responsibility; clarified 8 seniors to be witnesses May 2025 See above
Chief Justice Martha Koome / Judiciary Vowed expedient and fair hearing, refuted delay claims Jan 2025 See above
Governor Peter Anyang’ Nyong’o Called delay a "blatant violation of human rights"; appealed for CJ intervention or ICC referral Jan 2025 See above
Fred Matiang’i Insisted all officers must be prosecuted; acknowledged government support for IPOA investigations Jul 2025 See above

Tribute

🕊️ To Baby Samantha Pendo,
You were only six months old. A baby asleep in her mother’s arms — wrapped in love, wrapped in innocence.

But even that was not enough to keep you safe.

They came with boots and batons. And when the tear gas cleared, your tiny body lay broken. Not by fate — but by state violence, inside your own home.

You did not ask to be in the headlines. You did not march, or chant, or provoke. You were a child — and yet, you became a symbol of how far a nation can fall when its protectors forget who they serve.

Years have passed. Files have gathered dust. Senior officers walk free. And your family still waits… for truth, for justice, for dignity.

Baby Pendo, we are ashamed. Not of you — but of a country that delayed your justice as if your life was forgettable. But we have not forgotten.

Your name echoes in every demand for accountability. Your face haunts every courtroom that looks away. You remind us what must never happen again — what must never be forgiven without full justice.

🕊️ Sleep peacefully, little one. Justice may delay, but your memory will never fade. 🖤

References

  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
  12. Baby Pendo: DPP Haji gives nod... - Nation :contentReference[oaicite:1]{index=1}
  13. DPP refutes claims of dropping charges... - Capital FM :contentReference[oaicite:2]{index=2}
  14. Judiciary vows swift action... - Eastleigh Voice :contentReference[oaicite:3]{index=3}
  15. Judiciary refutes delay claims... - Standard :contentReference[oaicite:4]{index=4}
  16. Baby Pendo murder case: Nyong'o urges... - Citizen Digital :contentReference[oaicite:5]{index=5}
  17. Matiang’i speaks on murder of Baby Pendo... - K24 Digital :contentReference[oaicite:6]{index=6}


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