Baby Pendo’s parents want 8 senior police officers charged in murder case

In an application filed before the High Court in Nairobi, Baby Pendo’s parents, Joseph Oloo and Lenser Achieng, other victims of the post-election violence and civil society groups are seeking urgent court intervention to compel the Director of Public Prosecutions (DPP) to reinstate charges against the officers, arguing that their exclusion undermines justice.

The case stems from investigations concluded in October 2022, following a judicial inquest into the events that occurred between August 11 and 15, 2017, after the announcement of presidential election results. 

The DPP subsequently charged twelve police officers under the International Crimes Act with crimes against humanity, including murder, torture, rape, and other forms of sexual violence.

The charges were initially filed as Nairobi High Court Criminal Case No. E074 of 2022 but were later transferred to Kisumu and renumbered as Criminal Case No. E032 of 2025.

However, in a move now being challenged, the DPP on May 13, 2025, withdrew charges against eight of the twelve officers who were among the most senior and had been adversely mentioned in the judicial inquest. 

The officers are Benjamin Kipkoskei Koima, Benjamin Lorema, Josphat Sensira, Mohamed Ali Guyo, Mohamed Baa, Titus Yoma, Titus Mutune, and Volker Edambo.

Prosecution is currently proceeding against only four officers: Cyprian Robi Wankio, James Rono, Linah Kogey, and John Chengo Masha.

The petitioners argue that the withdrawal of charges against the senior officers was done without explanation, consultation, or consideration of victims’ views. They contend that allowing the prosecution to proceed without the eight officers effectively shields those with command responsibility from accountability.

According to court documents, the DPP had earlier concluded that the crimes committed during what was described as “Operation Post-Election Mipango” were either carried out by or under the authority of senior police commanders. 

The investigation conducted by the Independent Policing Oversight Authority (IPOA) with participation from the Kenya National Commission on Human Rights (KNCHR), victims, and civil society revealed widespread and systematic attacks against civilians.

These included the killing of Baby Pendo, as well as multiple cases of torture, rape, and sexual violence against women in Kisumu.

In announcing the charges in 2022, the DPP stated that the acts constituted serious human rights violations and crimes against humanity, committed as part of a widespread attack on civilians.