Justice for Baby Pendo: The Trial of 12 Police Commanders and the Pursuit of Accountability in Kenya

On a tragic night in August 2017, the nation of Kenya was shaken by the heart-wrenching death of a six-month-old girl, Samantha Pendo, now known to the public as Baby Pendo. Her death, which occurred during the post-election violence in Kisumu, struck a deep chord with Kenyans, raising concerns about police brutality and the impunity with which the authorities had responded to unrest. As a result, calls for justice have echoed across the country for years. Today, those calls are finally being heard in a court of law as the trial of 12 senior police commanders implicated in Baby Pendo’s death officially begins.

The trial is a landmark moment for Kenya’s justice system, as it seeks to hold accountable high-ranking police officers for crimes against humanity, including murder, torture, and rape, allegedly committed during the violence that ensued after the disputed 2017 elections. The case, rooted in systemic failures, political volatility, and the longstanding issue of police brutality, has far-reaching implications for police reforms and human rights in Kenya.

Background: The Tragic Death of Baby Pendo

In the wake of the contested 2017 general election, Kenya experienced widespread protests, particularly in opposition strongholds such as Kisumu. Many supporters of the opposition leader, Raila Odinga, took to the streets to express their discontent over the re-election of President Uhuru Kenyatta. In response, security forces were deployed to suppress the demonstrations, and reports of excessive force, including the use of live bullets and violent crackdowns, soon emerged.

It was during one such violent confrontation between protesters and police in the Nyalenda area of Kisumu that Baby Pendo met her untimely death. Anti-riot police officers allegedly stormed her family’s compound, chasing after protesters. In the chaos, Baby Pendo, who was sleeping in her mother’s arms, was struck by a blunt object, which is believed to have been a police baton. She succumbed to her injuries shortly after, sparking outrage and calls for justice.

Her death became symbolic of the wider issue of police brutality in Kenya. For years, the family of Baby Pendo, human rights activists, and civil society groups have fought tirelessly to seek accountability for the heinous act. The public’s demand for justice was heightened when it became apparent that, despite overwhelming evidence, no significant steps had been taken to prosecute those responsible for the death of the innocent child.

The Role of the Independent Policing Oversight Authority

The turning point in the quest for justice came when the Independent Policing Oversight Authority (IPOA) launched an investigation into Baby Pendo’s death. The IPOA is tasked with overseeing police conduct and ensuring accountability for acts of misconduct or abuses of power. After a thorough investigation, the IPOA gathered enough evidence to pursue charges against the officers responsible for the events that led to Baby Pendo’s death.

In 2022, the IPOA submitted its findings to the Director of Public Prosecutions (DPP), who approved murder charges against 12 police commanders implicated in the incident. The accused officers include Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono. The eleventh accused, Mohammed Baa, remains at large, with a warrant for his arrest that has yet to be enforced.

These officers are facing a total of 47 counts of crimes against humanity, including murder, torture, and rape, which were allegedly committed during the 2017 post-election violence in Kisumu. While Baby Pendo’s death is the focal point of the trial, the charges also encompass broader allegations of police misconduct during the unrest, highlighting the systemic issues within Kenya’s police force.

The Trial Begins: A Landmark Moment for Police Accountability

Today, the accused police commanders are appearing in court to take their pleas, marking the official start of the trial. The case is being closely watched by human rights organizations, the media, and the public at large, as it is seen as a litmus test for police reforms and the ability of the Kenyan justice system to hold powerful figures accountable for abuses of power.

The Police Reforms Working Group-Kenya, a coalition of civil society organizations pushing for accountability and reform within the police service, is expected to address the media after the plea-taking at the Milimani Law Courts. The group has long advocated for justice in the Baby Pendo case and has raised concerns about the delays in enforcing the arrest warrant for Mohammed Baa, who remains on the run. They argue that the reluctance to apprehend Baa reflects a broader pattern of impunity and lack of enforcement when it comes to holding police officers accountable.

The trial is expected to be lengthy and complex, given the gravity of the charges and the number of accused persons involved. Prosecutors will present evidence gathered by the IPOA and other human rights organizations, while the defense will likely seek to challenge the credibility of the witnesses and the legitimacy of the charges. However, the emotional weight of the case, combined with the public’s demand for justice, means that the trial carries immense significance for Kenya’s legal system.

The Broader Issue of Police Brutality in Kenya

The death of Baby Pendo is not an isolated incident. It is part of a broader pattern of police brutality that has plagued Kenya for decades. During periods of political unrest, such as election seasons, security forces are often deployed to quell protests, but their responses frequently result in the violation of human rights, particularly in marginalized communities. The use of excessive force, unlawful killings, torture, and sexual violence are well-documented issues within the Kenyan police force.

Human rights organizations such as Amnesty International and Human Rights Watch have repeatedly called for comprehensive reforms within the police service. Despite some efforts to address the issue, including the establishment of the IPOA and various police training programs, meaningful change has been slow to materialize. The culture of impunity, combined with political interference and corruption, has allowed many police officers to evade accountability for serious violations of human rights.

The Baby Pendo case stands as a stark reminder of the urgent need for police reforms in Kenya. For many Kenyans, the trial represents a rare opportunity to achieve justice for victims of police brutality and to send a clear message that no one is above the law.

What’s at Stake for the Justice System and the Nation

The outcome of this trial will be crucial in determining the future of police accountability in Kenya. Should the court find the accused officers guilty, it would set a powerful precedent for future cases of police misconduct, demonstrating that even high-ranking officials can be held responsible for their actions. Such a ruling would also bolster the efforts of the IPOA and other organizations pushing for reforms within the police service.

However, if the trial results in acquittals or further delays, it could further erode public trust in the justice system and reinforce the perception that the police are untouchable. This could have serious consequences for the rule of law and human rights in Kenya, as victims of police violence may become increasingly disillusioned with the prospects of achieving justice through legal channels.

Moreover, the trial has implications for Kenya’s political stability. The 2017 election violence, which claimed dozens of lives, was rooted in long-standing grievances over political representation and ethnic tensions. The involvement of police commanders in acts of violence and repression during such periods further complicates the relationship between the state and its citizens. By holding these officers accountable, the justice system could help foster greater trust between the public and law enforcement, reducing the likelihood of future unrest.

Conclusion

The trial of the 12 police commanders implicated in the death of Baby Pendo marks a pivotal moment in Kenya’s pursuit of justice and police accountability. It is a case that not only seeks justice for a tragic loss of life but also serves as a broader commentary on the state of policing and human rights in the country. For the family of Baby Pendo, this trial represents a long-awaited opportunity for closure and justice, while for the nation, it offers a chance to confront the deep-seated issues of police brutality and impunity.

As the trial unfolds, the eyes of Kenya, and indeed the world, will be on the courtrooms, hoping for a fair and just outcome. Regardless of the verdict, the case of Baby Pendo will continue to be a symbol of the fight for justice, human rights, and accountability in Kenya’s police force.