Baby Pendo Victims Challenge Dpp Decision In Kisumu High Court, Seek Multi-Judge Bench And Halt Of Proceedings
News Updated: 13 April 2026 16:51 EAT
Victims of the Baby Pendo case have filed a petition at the High Court in Kisumu challenging the decision by the Director of Public Prosecutions (DPP) to drop charges against several senior police officers linked to the 2017 post-election violence.
In the petition, the victims argue that the DPP’s decision is unconstitutional and undermines earlier findings of a judicial inquest that recommended the prosecution of officers over the death of six-month-old Samantha Pendo.
The petitioners are seeking urgent certification of the matter as one of great public importance, saying it raises fundamental constitutional and human rights issues that require immediate judicial intervention.
They have also asked the court to refer the case to the Chief Justice for the empanelment of a multi-judge bench to hear and determine the weighty legal questions involved.
Further, the victims want the court to suspend any ongoing or related proceedings connected to the case, pending the determination of their constitutional petition.
The case originates from the 2017 post-election unrest in Kisumu, where police were accused of using excessive force during operations in informal settlements, leading to deaths and injuries.
Baby Pendo, a six-month-old infant, died after reportedly being assaulted during a police crackdown, sparking national outrage and calls for accountability.
Initially, the DPP had charged 12 senior police officers under the International Crimes Act, relying on the principle of command responsibility to link them to the actions of officers under their command.
However, a recent shift in prosecutorial approach saw charges against several senior officers withdrawn, leaving only a handful still facing trial.
The decision has drawn sharp criticism from victims and human rights organisations, who argue that it weakens the pursuit of justice and accountability for police abuses.
At the same time, some of the remaining accused officers have filed applications seeking to quash the charges, claiming the case is legally flawed and unsupported by sufficient evidence.
The High Court is now set to determine whether the DPP’s decision can stand, in a case that continues to test Kenya’s commitment to justice and accountability for victims of post-election violence.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD