A fresh court battle has erupted in Nairobi over the handling of the Baby Pendo case, with victims and families of those killed and injured during the 2017 post-election violence accusing the Director of Public Prosecutions of quietly dropping charges against senior police officers without giving reasons or involving them.
They are now asking the High Court to step in and restore the charges, saying the move has left key figures linked to command decisions outside the prosecution process.
In an application filed before the High Court in Nairobi on Monday, Baby Pendo’s parents, Joseph Oloo and Lenser Achieng, alongside other victims and civil society groups, are seeking urgent orders compelling the Director of Public Prosecutions to bring back the charges against the eight officers who were removed from the case.
They argue that excluding them weakens the pursuit of justice in one of the most closely watched accountability cases arising from the 2017 unrest.
The matter arises from investigations that were finalized in October 2022 following a judicial inquest into incidents recorded between August 11 and 15, 2017, after the presidential election results were announced. Those findings later formed the basis of prosecutions under the International Crimes Act.
Working with the Independent Policing Oversight Authority and the Kenya National Commission on Human Rights, the prosecution had earlier concluded that the violence involved coordinated and widespread attacks against civilians in Kisumu, including killings, torture, rape and other abuses under what was referred to as “Operation Post-Election Mipango.”
Following those conclusions, twelve police officers were charged in 2022 in connection with crimes against humanity, including murder and sexual violence. The case was first presented as Nairobi High Court Criminal Case No. E074 of 2022 before being moved to Kisumu and renumbered as Criminal Case No. E032 of 2025.
However, on May 13, 2025, the Director of Public Prosecutions withdrew charges against eight of the officers, leaving only four to continue facing trial.
The affected officers are Benjamin Kipkoskei Koima, Benjamin Lorema, Josphat Sensira, Mohamed Ali Guyo, Mohamed Baa, Titus Yoma, Titus Mutune, and Volker Edambo. The remaining accused are Cyprian Robi Wankio, James Rono, Linah Kogey, and John Chengo Masha.
The petitioners say the decision was made without explanation and without seeking the views of victims or other stakeholders involved in the case. They also argue that the withdrawal shields officers who were allegedly part of the senior command structure during the operations.
Court documents further indicate that earlier investigative findings pointed to senior officers as having either directly participated in or supervised the conduct of junior officers during the crackdown that followed the election dispute.
The applicants now want the High Court to reverse the decision and order the reinstatement of the dropped charges, saying the current prosecution does not reflect the full chain of responsibility for the alleged crimes.
The case is expected to renew public scrutiny over how accountability is being pursued for the 2017 post-election violence and whether all those implicated will eventually be brought before the court.
Comments
Sign in with Google to comment, reply, and like comments.
Continue with Google