Nairobi, Thursday, 25th July 2024: Amnesty International Kenya welcomes the ruling by High Court Judge Kanyi Kimondo that 11 Police Commanders and Officers have a case to answer in the case of Baby Samantha Pendo. The officers are being charged with 47 crimes against humanity, including murder, torture, and rape.
In 2017, police raided Nyalenda Kilo in Kisumu during post-election protests. Baby Pendo’s mother, fleeing teargas, encountered police brutality. Tragically, 6-month-old Baby Pendo was killed. The inquest began in 2019, holding senior officers and others accountable. In 2022, the ODPP charged 12 police bosses under the International Crimes Act that domesticated the Rome Statute in Kenyan law.
Despite attempts to contest these charges through several consolidated constitutional petitions, today’s ruling affirms the jurisdiction of Kenyan Courts to hear the case in accordance with Kenyan laws and procedures and not the procedures used by ICC. This decision is a crucial step towards justice for all victims of the 2017 Post Election Violence. In his ruling today, the judge rejected arguments that the ODPP had been influenced by NGOs to file the charges against the officers. The judge also renewed a Warrant of Arrest for an officer who had consistently failed to attend court.
Irungu Houghton
Amnesty International Kenya Executive Director
For more information: Amnesty International Kenya Mathias Kinyoda 0786725434