Four Kenyan police officers charged over baby's killing as others freed
Eight other officers who had originally also been accused alongside the four have had the charges against them dropped by the public prosecutor, sparking criticism.
The case relates to baby Samatha Pendo, who was fatally hit in 2017 as police were deployed to quell violence linked to post-election protests in the western city of Kisumu.
On Monday, the four officers who are still accused denied multiple charges including murder as a crime against humanity.
They also pleaded not guilty to other charges of torture and rape committed against civilians.
But a number of human rights groups, including Amnesty International, say the charge sheet "omits senior officers who held overall command responsibility during the operations that saw the deaths, rape and injuries of no less than 60 Kenyans".
They have also expressed concern over the prosecutors' office move to name the victims and witnesses which it said could expose them to harm and reprisals.
Baby Pendo - as she became known - died after being hit on the head, which caused a national outrage and became a symbol of the police brutality during the 2017 unrest.
The public prosecutor at the time initiated a public inquest.
After the inquest found the police culpable, the prosecutor ordered further investigations into other cases resulting from the police operation.
But none of the accused had until now entered a plea amid repeated delays in court, which sparked calls for justice and accountability.
Baby Pendo's mum, Lensa Achieng, has told the BBC that she is hopeful for justice and is pleased that "we have a case now".
She said the journey had not been easy "but as the family of Baby Pendo at least we are going somewhere... they are taking a bold step to take the case to another level.
"It's just our prayer for us to find justice for our daughter so that whatever happened to us does not happen to another parent."
Rights groups have continued to criticise the delays, blaming numerous attempts to defer or stall court proceedings.
They say the charges were amended without the involvement of the investigating agency, the Independent Policing Oversight Authority (Ipoa).
Ipoa has said it does not know the rationale used by the prosecutor.
There has been little movement since a new prosecutor took over in 2023, and this year the head of Amnesty Kenya, Irungu Houghton, told the BBC that there seemed to be "an unwillingness to try to prosecute this case".
Amnesty and other rights groups are now calling on the judiciary to ensure the cases against the four officers are not delayed.
Additional reporting by Gladys Kigo
Pressure mounts to probe Kenya police and army after BBC exposé
BBC identifies security forces who shot Kenya anti-tax protesters
Batons, tear gas, live fire - Kenyans face police brutality
WATCH: Inside the world of Kenya's 'killer cop'
Go to BBCAfrica.com for more news from the African continent.
Follow us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica
Africa Daily
Focus on Africa
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
an hour ago
- Hamilton Spectator
US warns of corruption and reported bribery aimed at destabilizing Haiti as crisis deepens
SAN JUAN, Puerto Rico (AP) — U.S. officials announced Friday they are aware of 'reported bribery attempts' aimed at destabilizing Haiti, raising concerns that the troubled country could sink further into crisis. The announcements were made on X by the U.S. Embassy in Haiti and the Bureau of Western Hemisphere Affairs. Officials did not provide details except to say that they commended members of Haiti's transitional presidential council 'for their rejection of corruption' and for collaborating with the current prime minister to 'work together' to stabilize the country. 'We will hold accountable anyone who attempts to undermine this collaboration,' the embassy wrote on X. The announcement comes as infighting threatens the stability of the council while gangs that control up to 90% of Haiti's capital continue to seize more territory in Port-au-Prince and in Haiti's central region . The council's voting members did not immediately respond to requests for comment. Neither did the U.S. Department of State nor the office of Haiti's prime minister. Some people on social media mocked the announcement as they accused some council members of being corrupt. In October last year, Haiti's anti-corruption unit accused three council members of bribery and corruption involving the government-owned National Bank of Credit. No one has been charged, and the council members remain in their positions. Haiti's political stability has been fragile ever since a powerful gang federation known as 'Viv Ansanm' launched attacks early last year on critical government infrastructure including police stations and the country's main international airport, forcing it to close for nearly three months . The attacks prevented then-Prime Minister Ariel Henry from returning to Haiti. He eventually resigned , unable to enter his homeland following an official visit to Kenya to talk about a U.N.-backed mission that police from the eastern African country are currently leading to try and quash gang violence. The council is under pressure to hold general elections by February 2026, with the previous ones held nearly a decade ago. No date has been set yet. The council was created in April 2024 as the international community scrambled to meet with Haitian officials to rebuild the country's government after Henry resigned. Political stability remains fragile, with three prime ministers having been appointed in the past year. Meanwhile, gang violence continues to surge in the aftermath of the July 2021 killing of President Jovenel Moïse. In a report released Friday, the United Nations Integrated Office in Haiti noted that at least 1,520 people were killed and more than 600 injured from April to the end of June. Nearly 80% of those incidents happened in Port-au-Prince, with nearly 20% reported in Haiti's central region. More than 60% of the killings and injuries occurred during operations by security forces against gangs, with another 12% blamed on self-defense groups. The report noted that Johnson André, best known as 'Izo' and considered Haiti's most powerful gang leader, was injured in drone strikes earlier this year, as was gang leader Renel Destina, who goes by 'Ti Lapli' and leads the Grand Ravine gang. From April to June, more than 400 homes and other buildings including schools and health centers 'were ransacked, burned or destroyed by gangs,' the report stated. Gang violence also has displaced more than 1.3 million people in recent years. ___ Associated Press writers Matthew Lee in Washington and Evens Sanon in Port-au-Prince, Haiti contributed. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
an hour ago
- Hamilton Spectator
Lawyer says he's not been allowed to see 5 immigrants deported by the US to a prison in Eswatini
MANZINI, Eswatini (AP) — Five immigrants deported by the United States to Eswatini in a secret deal last month had served their criminal sentences before they were sent to be held in a prison in the African country, a lawyer working on their cases said Friday. The Eswatini lawyer also said the men from Cuba, Jamaica, Laos, Yemen and Vietnam sent to southern Africa under President Donald Trump's third-country deportation program have been denied access to legal representation while being held in Eswatini's main maximum-security prison. The lawyer, Sibusiso Nhlabatsi, said he hasn't been allowed to see the men and that he filed court papers Thursday against the head of Eswatini's correctional services department and the country's attorney general, demanding access to them. He said he is representing them on behalf of lawyers in the U.S. and was prevented from seeing them by Eswatini prison officials on July 25. It's unlawful for the men, who have been in Eswatini for around two weeks, to be denied access to a lawyer, he added. The Eswatini government has said the men will be held in solitary confinement until they can be deported to their home countries, which could take up to a year. 'They have served their sentences,' Nhlabatsi told The Associated Press. 'If a person has committed a crime and they have served a sentence, why are you then keeping them in a prison?' Nhlabatsi said the men have not been able to communicate with their families or receive visitors since arriving in Eswatini, although prison officials said they were in the process of setting up devices to allow them to speak with their families. He alleged their ongoing detention could have legal implications for Eswatini, a small country bordering South Africa and one of the world's last absolute monarchies , ruled by a king accused of cracking down on dissent. The Trump administration has come under scrutiny for its choice of African countries to strike deportation deals with. It deported eight immigrants described as violent criminals to South Sudan in early July in an operation that was halted by a legal challenge in the U.S. The eight were held for weeks in a converted shipping container at an American military base in nearby Djibouti while the case was decided. A Supreme Court ruling eventually cleared the way for them to be sent to South Sudan. Both South Sudan, which is in danger of tipping into civil war, and Eswatini have poor rights records and governments accused of being repressive. Critics say the deportees, who the administration says were in the U.S. illegally, will likely be denied due process in those countries. The five sent to Eswatini were also described by the U.S. Department of Homeland Security as serious criminals. Their convictions included murder and child rape, the department said in social media posts, calling them 'uniquely barbaric.' The department, which did not say if they had completed their sentences, did not immediately respond to a request for comment on Friday. An Eswatini government spokesman also declined to comment on Nhlabatsi's allegations, saying it was now a matter for the courts. Nhlabatsi said the deportees are being held at the Matsapha Correctional Complex near the administrative capital, Mbabane, the same prison said to hold pro-democracy activists on trumped up charges. The government has declined to say where the five men are being held, citing security concerns. Eswatini's statement about the five men ultimately being deported to their home countries appears to contradict claims by the U.S. that their home countries refused to take the men back. Activists in Eswatini have demanded that the details of the agreement with the U.S. be made public but the government has said they are 'classified.' South Sudan has also declined to give details of its agreement to take deportees from the U.S. ___ AP news on the Trump administration: Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
an hour ago
- Hamilton Spectator
Appeals judges order ICC prosecutor to recuse himself from Venezuela investigation
THE HAGUE, Netherlands (AP) — Appeals judges at the International Criminal Court on Friday ordered chief prosecutor Karim Khan to recuse himself from an investigation into Venezuela, citing a conflict of interest. Khan's sister-in-law, international criminal lawyer Venkateswari Alagendra, has been part of a team representing the government of Venezuelan President Nicolás Maduro and the five-judge appeals panel at the ICC says her involvement creates an issue of 'bias' for the prosecutor. The British barrister, who is currently on leave from the court , stepped down temporarily pending an investigation into allegations of sexual misconduct. Alagendra and Khan worked together previously on cases, including as defense counsel for Kenyan President William Ruto and for Seif al-Islam Gadhafi, the son of the late Libyan dictator Moammar Gadhafi. Alagendra is the sister of Khan's wife, human rights lawyer Shyamala Alagendra. The Washington-based Arcadia Foundation, which focuses on human rights issues in Venezuela, filed a complaint with the court in 2024, asking for Khan to be removed from the case over a conflict of interest. The court dismissed the initial complaint in February. In written filings, Khan told the court he could not 'recall' any discussion with his sister-in-law about the facts of the case and did not attend any meetings where she was present. The ICC has an ongoing investigation into violence that followed Venezuela's 2017 election but has so far not sought any arrest warrants. Khan announced in late 2021 that he was opening the investigation after a lengthy preliminary probe and an official referral — a request to investigate — in 2018 from Argentina, Canada, Colombia, Chile, Paraguay and Peru. However, the full-scale investigation was put on hold when Venezuelan authorities said they wanted to take over the case. The ICC is a court of last resort that only takes on cases when national authorities are unwilling or unable to investigate, a system known as complementarity. Khan pressed ahead with efforts to continue the court's first investigation in Latin America. ICC judges agreed with Khan and authorized him to resume investigations in Venezuela in 2023 . Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
