11 top cops to face charges over Baby Pendo killing

After years of delays, eleven senior police officers are finally set to answer charges over the killing of six-month-old Baby Samantha Pendo and other violent acts committed during the 2017 post-election unrest.

The Court of Appeal has cleared the way for their prosecution by declining to stop the trial, marking a major milestone in the long fight for justice.

The officers face 47 counts of crimes against humanity, including murder, torture, and rape.

These charges stem from violent police operations that left Baby Pendo and 39 others dead in Kisumu during protests that broke out after the disputed 2017 presidential election.

The trial will be conducted under Kenya’s International Crimes Act and the Rome Statute.

Though the officers were first brought to court in November 2022, they have used legal appeals to stall the case.

Their final attempt was rejected by appellate judges Patrick Kiage, Weldon Korir, and Joel Ngugi, who delivered a unanimous decision in March 2025.

"We are of the view that although we have found that the suspects’ appeal will not be rendered nugatory, the novel issues raised in the appeal need to be determined without undue delay," the bench ruled.

Among the officers are former regional and county commanders such as Linah Kogey, Mohamed Guyo, and Titus Mutune Yoma, who oversaw operations in Kisumu during the violent crackdown.

The group argued that the ongoing trial would violate their rights due to what they called unclear rules around handling international crimes in Kenyan courts.

They also said being forced to take plea before their appeal was concluded would be unfair, especially since it could lead to suspension without pay under the National Police Service Standing Orders.

Yoma told the court the financial and career consequences would be serious, adding, "Reinstatement would not be guaranteed even if cleared."

Still, the Court of Appeal dismissed their concerns.

Justice Kiage, reading the judgment, said the officers’ rights would be protected at all stages of the trial.

"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," he said.

The judges also stressed that the International Crimes Act remains part of Kenyan law and must be applied.

They dismissed claims that the officers were being used as test subjects for the law.

"We wish to reiterate the obvious fact that the trial court will be under an obligation to protect the suspects’ rights as guaranteed under Articles 49 and 50 of the Constitution. Should they be dissatisfied with any aspect of the trial, they will have an opportunity to challenge it in a substantive appeal," the ruling added.

The Director of Public Prosecutions had asked the court to postpone the charges until a 12th officer, still missing, is arrested.

But the court ruled that the trial could go ahead with the 11 already in custody.

The DPP was also given the option to amend the charge sheet if necessary.

With the court’s decision now delivered, the officers are expected to take plea today, Monday, May 5, 2025.

This will begin what is expected to be a major trial in Kenya’s legal history and a test of how the country applies international laws in domestic courts.

The case revolves around the tragic death of Baby Pendo, who was hit on the head during a police raid on her family’s home in Nyalenda, Kisumu.