DPP Drops Murder Charges Against Six Senior Police Officers in Baby Pendo Case

The Director of Public Prosecutions (DPP), Renson Ingonga, has withdrawn murder charges against six senior police officers linked to the death of six-month-old Samantha Pendo and 39 protesters during the 2017 post-election violence in Kisumu. The decision, announced on Monday, was attributed to insufficient evidence to support the charges.

The officers were among twelve initially charged under the International Crimes Act for murder, torture, and rape, stemming from their alleged roles in overseeing violent police operations in Kisumu’s Nyalenda, Nyamasaria, Kondele, and Obunga areas after the disputed 2017 presidential election. Baby Pendo’s death, caused by head injuries sustained during a police raid, became a poignant symbol of police brutality during the unrest.

In a statement to the High Court, the DPP’s office confirmed that the amended charge sheet now excludes the six officers, though their identities were not disclosed. The Independent Policing Oversight Authority (IPOA), while not consulted on the decision, stated it does not oppose plea-taking for the remaining officers.

The DPP’s move has drawn sharp criticism from human rights advocates and the legal team representing the victims. Willis Otieno, the lawyer for Baby Pendo’s family, had previously accused the DPP of using delay tactics to protect the perpetrators, warning that such actions undermine public confidence in Kenya’s justice system.

Joseph Oloo Abanja and Lensa Achieng, Baby Pendo’s parents, expressed frustration over the prolonged legal process, as they continue their quest for justice. The DPP’s office maintained that the case remains a priority, underscoring its significance as a high-profile case emblematic of the tragic consequences of police brutality.

The decision marks a significant setback in one of Kenya’s most prominent cases of post-election violence, reigniting debates over accountability and justice for victims of state-sponsored violence.