Amnesty International Kenya has commended a recent High Court ruling, which has found that 11 police commanders and officers have a case to answer in connection with the death of six-month-old Samantha Pendo and other victims of the 2017 post-election violence. This decision marks a significant milestone in the quest for justice for the victims of the post-election unrest (see the Amnesty International Kenya statement).
The accused officers are facing 47 charges of crimes against humanity, including murder, torture, and rape, reflecting the serious allegations emanating from their actions during the violent crackdown on protesters in the Nyalenda Kilo area in Kisumu. The incident, which led to the death of baby Pendo, has been a grim reminder of the need for police accountability in Kenya (as reported by NTV Kenya and documented in various reports like Human Rights Watch).
The inquest into Pendo’s death, which began in 2019, aimed to hold senior officers accountable for their actions. In 2022, the Office of the Director of Public Prosecutions (ODPP) brought charges against 12 police commanders under the International Crimes Act—a law that domestically implements the Rome Statute of the International Criminal Court (ICC). This move underscored the Kenyan government’s commitment to prosecuting crimes of such a severe nature (Eastleigh Voice).
Judge Kanyi Kimondo, who presided over the case, dismissed the defense arguments that the High Court lacked jurisdiction over the charges under the International Crimes Act. He upheld the position that Kenyan courts have the authority to adjudicate these matters based on national laws and procedures. This ruling has been welcomed by human rights groups as it sets a precedent for future cases involving police misconduct and high-profile crimes (Kenya Times).
Moreover, Judge Kimondo issued a renewed warrant of arrest for an officer who had repeatedly failed to appear in court. The court has directed the accused police commanders and officers to appear on October 3, 2024, to take their plea. This directive further cements the court’s commitment to ensuring accountability at all levels of the police force (Omwanza Kesekwa).
The prosecution of the officers is based on the principle of command responsibility, underscoring the accountability of senior officers for the actions of their subordinates. This case represents the first time in Kenya’s history that senior police officers face such severe charges under the International Crimes Act. The ruling has been heralded as a pivotal moment in the fight for accountability by human rights groups and the victims’ families alike (Daily Nation).
For further information, the full details of the court ruling and its implications can be found on JURIST.