Nairobi, 5 May 2025: 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 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 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.
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 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 jeopardize the case against the four officers.
We urge all parties to adhere to the court’s order to mitigate harms 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.
All measures must be taken by both state and non-state actors to ensure that the victims and witnesses in this case are not subjected to the same risks experienced by those involved in the cases before the International Criminal Court concerning the 2007-08 post-election violence.
The consistent attempts to defer or stall proceedings in this case so far have betrayed the interests of victims and the public. We, therefore, urge the judiciary to ensure that the cases against the four police officers who took plea today are expedited.
The victims and families of Baby Pendo and the many others who suffered in the hands of police officers urgently deserve justice and reparation to have closure and move on with their lives.
Signed
Irungu Houghton
Amnesty International
Section Director
Vincent Chahale,
International Justice Mission-Kenya
Country Director
Tina Alai
Utu Wetu Trust
Director
Police Reforms Working Group -Kenya (PWRG-Kenya) Coalition Members
This statement is signed by the Police Reforms Working Group, an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include: Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ) and Peace Brigades International Kenya (PBI Kenya)
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