NAIROBI, Kenya – Eleven senior police commanders will take plea over their role in the brutal killing of Baby Samantha Pendo and other atrocities committed during the 2017 post-election violence, after the Court of Appeal upheld their prosecution.
The court’s decision marks a significant milestone in the pursuit of justice, nearly eight years after the violence that claimed the lives of Baby Pendo and 39 others.
The officers face 47 charges of crimes against humanity, including murder, torture, and rape, under the International Crimes Act and the Rome Statute.
They are accused of orchestrating or facilitating violent police operations that led to the deaths of civilians, including the tragic killing of Baby Pendo during the Kisumu protests following the disputed 2017 presidential election.
The officers’ prosecution had been delayed since November 2022, with several legal challenges aimed at blocking their trial.
However, in a ruling made in March 2025, appellate judges Patrick Kiage, Weldon Korir, and Joel Ngugi rejected an application to halt the proceedings.
The judges emphasized the urgency of addressing the “novel issues” raised in the officers’ appeal and the need for swift determination without further delay.
The accused include high-ranking officers like Linah Kogey, Mohamed Guyo, and Titus Mutune Yoma, who were in charge of operations during the violent crackdown in Kisumu.
The officers had argued that proceeding with their trial could violate their rights, citing inconsistencies between Kenyan law and international legal instruments, particularly the Rome Statute.
They also expressed concerns about potential loss of income and the risk of interdiction under the National Police Service Standing Orders.
Despite these concerns, the Court of Appeal dismissed their claims, asserting that their rights would be protected throughout the trial process.
The court reaffirmed the validity of the International Crimes Act and emphasized that the trial court would be required to safeguard the suspects’ rights as guaranteed by the Constitution.
The trial is set to commence with the formal plea-taking scheduled for Monday, May 5, 2025.
This marks the first step in a landmark trial under Kenya’s international crimes framework.
The brutal killing of Baby Pendo, who was struck on the head during a police crackdown on protesters in Kisumu, became a symbol of the violence and brutality that characterized the 2017 post-election crisis.
