Baby Pendo death: 5 commanders in big trouble

What you need to know:

  • Ms Omollo ruled that senior police officers knew or ought to have known that their juniors were involved in an illegal activity.
  • The officers also violated the code prohibiting them from chasing protesters into their homes during riots.

The family of Samantha Pendo, the infant who became the image of police brutality in the August 2017 post-election chaos, cried for justice when they buried their daughter after her painful death.

On Thursday, a glimmer of hope shone through the darkness of pain and loss, as an inquest into the death of Baby Pendo indicted five police commanders for overseeing brutality and, specifically, for the bludgeoning to death of the infant.

They are Mr Titus Yoma, Kisumu County Police Commander at the time, Mr Christopher Mutune, former Kisumu East OCPD, and Mr Bernard Kipkosgey Koima, Deputy Sub-County AP Commander in charge of the area where the incident happened.

Others are Mrs Linah Kosgey, the then Nyalenda OCS, and Mr John Thiringi, the OCS for Kisumu Central at the time.

CULPABLE

The incident took place on August 11, 2017, as Baby Pendo’s parents, Ms Lencer Achieng Sege and her husband Joseph Oloo Sege Abanja, hid with her in their house at Kilo Junction in Nyalenda.

Outside, police battled protesters in Kisumu town streets following the controversial August 8 presidential election.

Yesterday, Kisumu Senior Resident Magistrate Beryl Omollo, in her 38-page ruling, said there was sufficient evidence pointing to the culpability of members of the National Police Service in the death of the baby.

The magistrate, who wore a navy blue suit covering her snow-white blouse, calmly delivered the ruling, reading through her black and gold-framed glasses.

ACCOUNTABILITY

A packed court listened in rapt attention, taking in every word she said.

“I have evaluated the entire evidence presented before me and I am satisfied that the infant didn’t die a natural death but due to severe head injury caused by blunt force trauma inflicted on her by members of the police service who were responding to protests in Kilo, Nyalenda Estate.

“I shall forward this decision to the office of the Director of Public Prosecutions to deal with the findings of the inquest in accordance with the law,” Ms Omollo said.

She ruled that senior police officers, particularly those under whose command the operation was undertaken, knew or ought to have known that their juniors were involved in an illegal activity.

RULES

According to the ruling, the county commander had prepared a written operation order christened “Post-election Mipango”, which was to guide security operations during the elections period.

“Respective commanders failed to take the necessary and reasonable measures to prevent the criminal act of killing the baby. The superiors should incur liability for the subordinates’ unlawful conduct by failing to take action to redress the situation,” she said.

The officers also violated the code prohibiting them from chasing protesters into their homes during riots.

The inquest also found General Service Unit Chief Inspector Kyengo Masha John and his platoon of 29 officers, who guarded Kachok roundabout, Ring Road and Kachok Flyover area, as “persons of interest” in the killing.

Similarly, 16 officers deployed to safeguard Nyalenda-Tumaini area on the fateful night should be treated as persons of interest.

They were under the command of then-Nyalenda Deputy OCS Mohamed Ali.