Joint Statement on the Deferral of Plea Taking in Baby Pendo Case

Nairobi, 3 October 2024: The deferring of plea-taking against 12 Police Commanders and Officers accused of killing Baby Pendo and perpetrating several human rights violations against several Kisumu citizens under application by the Office of Director of Public Prosecutions today is a major disappointment to several survivors and victim’s families.

The officers face charges that include the use of unnecessary force and sexual and gender-based violence during police operations in the aftermath of the 2017 general elections. This case is pivotal in establishing police accountability and ensuring justice for victims of police violence.

This is the first time police commanders and officers have been charged in Kenyan courts under the International Crimes Act, as domesticated by the Rome Statute. This case applies the principle of command responsibility for police commanders who fail to effectively rein in or command police action in the course of duty.

Twenty-one human rights organisations under the auspices of the Police Reforms Working Group stand in solidarity with all victims and survivors of police violence. We anchor our hope in law and call on the Office of the Director of Public Prosecutions and the Judiciary to swiftly and comprehensively act in the interests of all victims and survivors of police violations during the 2017 Post Election Violence. Should justice be delivered, the Police Reforms Working Group is confident this shall also create greater respect and accountability for police officers who break our laws and use excessive and unnecessary force in future.

We commit to all the affected survivors, victims’ families and the public to actively follow the proceedings of this landmark case. The Kenyan Constitution recognises the expectations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. Our constitutional offices must consistently be at the forefront of this or the nation will perish.

May Justice be our shield and Defender always!

This statement is signed by the Law Society of Kenya and the Police Reforms Working Group-Kenya, 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, Katiba Institute, 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