The Director of Public Prosecutions (DPP) Noordin Haji says twelve senior police officers will be charged with the murder of baby Pendo.
Baby Pendo was murdered during the 2017 post-poll chaos in Kisumu.
Hajji says the 12 will also face charges over other atrocities committed during the said period.
In a statement, Haji notes that the officers include a Commissioner of Police, Senior Superintendent of Police and an Assistant Superintendent of Police.
Others include a Chief Inspector of Police, six Inspector of police, a Senior Sergeant and a Sergeant.
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Enough evidence
The DPP says he is satisfied that there is evidence to support the charges committed under the International Crimes Act.
Haji has however not disclosed the identities of said officers
He says this will ensure that the victims as well as witnesses are protected.
Baby Pendo was clobbered to death as police officers raided her parents’ home Nyalenda to quell riots over the disputed presidential polls. An inquest later found five police officers culpable.
The DPP argues that the attacks were committed by and under the authority of senior national police officers.
Moreover,Haji says apart from murder of Baby Pendo, the officers committed other offences including torture, rape and sexual violence.
Haji explains that the investigations went beyond the murder of Baby Pendo, taking into account the aspect of superior/command responsibility.
External Support
The investigations were undertaken by the Independent Policing and Oversight Authority (IPOA) with the assistance of the Kenya National Commission on Human Rights and civil society organisations.
The DPP also received the UN Office of the High Commissioner for Human Rights (OHCHR) and by international experts from Partners in Justice International.
“The above investigations established that the police officers may have been responsible for the unlawful killing of Baby Pendo among other serious human rights violations including raiding homes of innocent unarmed civilians and committing various atrocities as part of a systematic and widespread attack against the civilian population in the said areas,” Haji said.
“Further evidence points to the systematic use of violence, including killing, torture, rape and other forms of sexual violence against civilians, all of which constitute serious human rights violations and crimes against humanity,” he said.
According to the DPP, the police officers acted under an operation dubbed Operation Post-Election Mpango. He says the operation had a well-organised command structure with sector commanders.
“Consequently, I have directed that the suspects be charged accordingly,” Haji said.
