Baby Pendo Case: Court clears way for murder charges against 12 officers

The Court of Appeal on Friday, March 21, upheld a decision allowing the prosecution of 12 police officers accused of involvement in the 2017 killing of Baby Samantha Pendo, with the accused officers required to take a plea in the case.

The court also dismissed an application by the National Police Service (NPS), which had sought to be included in the case, arguing that it had a legitimate interest in the matter.

The accused had earlier sought court orders to block their prosecution, claiming that being compelled to take a plea violated their constitutional rights. However, their appeal was unsuccessful.

The new ruling means the officers, previously charged under the doctrine of command responsibility, now face 47 counts of crimes against humanity.

These charges include murder, torture, and rape, allegedly committed during the post-election violence in Kisumu in 2017.

Justices Korir and Ngugi ruled that, while the appeal had some merit, the applications seeking a stay of execution—specifically, the plea-taking—could not stand.

Baby Pendo was killed after sustaining head injuries during the 2017 post-election violence.

Reports indicate that 12 officers stormed her parents’ home in Kisumu’s Nyalenda slums and struck her on the head.