A coalition of 30 human rights organisations has strongly criticised the decision by the Director of Public Prosecutions (DPP) to withdraw charges against eight police officers previously implicated in the much publicised 2017 killing of Baby Samantha Pendo and other acts of police brutality in Kisumu.
In a statement issued Monday, the rights groups—including Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission, and the Police Reforms Working Group—condemned what they described as a major setback in the pursuit of justice for victims of crimes against humanity allegedly committed by police during the post-election violence.
On Monday, four police officers appeared before the High Court in Nairobi to take plea on charges of murder, rape, and torture under the International Crimes Act. The charges stem from a violent police crackdown on protesters in Kisumu County during the 2017 elections, which left more than 60 people dead and dozens more injured or sexually assaulted.
However, eight of the twelve officers originally named in the case have now been removed from the charge sheet—an amendment the groups say was made without consultation with the Independent Policing Oversight Authority (IPOA), which led the investigation.
“The exclusion of senior commanders who held operational responsibility during the 2017 crackdown sends a dangerous message about accountability within the police service,” said the coalition in their joint statement.
Equally concerning, the rights groups noted, is the public release of court documents that include the names of victims and witnesses, potentially exposing them to retaliation. The groups urged all parties—including the media—to redact names in future reporting in line with the Victims Protection Act.
“The victims of these abuses, including the family of Baby Pendo, have waited too long for justice,” the statement read. “Continued delays, procedural changes, and lack of transparency betray the public interest.”
The groups also called on the judiciary to fast-track the case and ensure that justice is neither delayed nor denied. They warned against repeating past failures in protecting victims and witnesses, referencing the collapse of cases related to Kenya’s 2007–08 post-election violence at the International Criminal Court.
Baby Samantha Pendo died in August 2017 after police stormed her family’s home in Kisumu’s Nyalenda slums during protests. The infant succumbed to head injuries sustained during the raid. Her death became a symbol of the excessive force used by police during political unrest.
