21 people to testify in inquest into baby Samantha Pendo's death

Former Karachuonyo MP Phoebe Asiyo (left) condoles Samantha Pendo's mother Lencer Achieng in her home in Kilo, Kisumu County, on August 16, 2017. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The inquest was directed by the ODPP after investigations by police failed to point to the culprits.
  • A report by the Independent Policing Oversight Authority also indicated that it was difficult to identify the killers following the blanket accusation of the police.

A total of 21 people are set to testify in a case seeking to establish the killers of baby Samantha Pendo.

The move follows the opening of a file at the Kisumu Magistrates Court, indicating a commencement of a public inquest as ordered by the Director of Public Prosecutions Keriako Tobiko.

KILLED

Among the 21 witnesses are police officers whose stations of work are far from Kisumu. These include two General Service Unit (GSU) officers who were deployed to man Kachok and Nyalenda areas, while some other two are attached to the Recce Company Ruiru.

Also to testify is Mr Nzioka Mutune, a GSU commander attached to the headquarters, and who was the lead officer for all the GSU platoon units deployed in Nyanza region during the period.

Baby Pendo died in August this year after he was reportedly clobbered on the head by police in her parents’ house. The police were quelling chaos that rocked Kisumu County after President Uhuru Kenyatta was declared winner of the presidential election.

Police were accused of breaking into the home of Mr Joseph Abanja in Nyalenda Slums. The baby died three days later, while undergoing treatment at Aga Khan Hospital.

INVESTIGATIONS

Four months after the infant died, the killers have not been found.

“The case will be mentioned in January 8, next year before Chief Magistrate Julius Ng’arng’ar,” reads the court file on the case.

The officers who were at the helm of the county police leadership when baby Pendo died were former Kisumu County Police Commander Titus Yoma, Kisumu East OCPD Mutune Maweu, Central OCS John Thiringi and Kisumu West OCS and DAPC Benjamin Kosgei.

Together with Nyalenda OCS Linah Kosgei, they will also take the witness stand.

DISCIPLINARY ACTION

Mr Tobiko had also directed that they face disciplinary action and also recommended for compensation for the bereaved family for the emotional and physical torture they experienced during and after the attack.

The baby’s parents, Mr Abanja and Ms Lencer Achieng, and nine civilians, including neighbours, will also be witnesses in the case.

The witnesses have already recorded statements and will only be waiting to be called by the court to give their side of the story.

The inquest was directed by the ODPP after investigations by police failed to point to the culprits.

A report by the Independent Policing Oversight Authority also indicated that it was difficult to identify the killers following the blanket accusation of the police.