Baby Pendo: Court of Appeal Rejects Senior Police Officers Bid to Stop Their Prosecution
In a significant legal development, the Court of Appeal has dismissed an application by senior police officers seeking to block their prosecution over the tragic killing of Baby Samantha Pendo. The officers, accused of crimes against humanity during the 2017 post-election violence, had filed the appeal to halt the criminal proceedings.
One of the accused, Titus Mutune, argued that conflicting laws between Kenya’s municipal laws and the Rome Statute would infringe on his right to a fair trial. He also claimed this was the first case of its kind in Kenya and that being subjected to international legal frameworks would be unfair.
Judges Rule Against Mutune’s Appeal
Despite these arguments, the court ruled against the officers, stating that stopping the prosecution would hinder the pursuit of justice. Justices P.O. Kiage, W. Korir, and Joel Ngugi emphasized that the officers had not demonstrated any immediate injustice or rights violations.
“Having satisfied ourselves that the applicants are not faced with imminent injustice, we find no good reason to warrant further deferral of their taking of plea and the commencement of their trial,” the judges stated.
Mutune and his co-accused—Titus Yoma, John Chengo, Linah Kogey, Benjamin Kipkoskei, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohamed Ali Guyo, Mohammed Baa, and James Rono—face multiple charges in the High Court under Criminal Case No. E074 of 2022.
Why Are the Officers Facing Charges?
The case traces back to the 2017 post-election violence, particularly in Nyalenda, Kisumu. Police officers were deployed to quell unrest, but the crackdown resulted in brutality, leading to the tragic death of six-month-old Baby Pendo.
The inquest into her killing found police responsible for multiple crimes, including murder, maiming, rape, and torture. The Director of Public Prosecutions (DPP) reviewed the findings and, on October 26, 2022, filed charges against 12 officers for crimes against humanity.
Previous Attempts to Stop the Case
The accused officers had previously sought High Court orders to block their arrest and prosecution. However, on November 21, 2022, their plea was rejected. The Court of Appeal’s latest ruling now clears the way for their criminal trial to proceed.
This case marks a historic moment in Kenya’s judicial system, as it is the first time senior police officers face crimes against humanity charges. The ruling sends a strong message about accountability in law enforcement.
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Baby Pendo: Court of Appeal Rejects Senior Police Officers Bid to Stop Their Prosecution
