Baby Pendo’s family hope for justice rekindled

The search for the killers of six-month old Baby Samantha Pendo has commenced with the opening of a public inquest file at the Kisumu Magistrate Court.

Baby Pendo died on August 15 after she was allegedly struck on the head by anti-riot police officers using a blunt object on the night of August 11, following protests which hit Kisumu town after the declaration of President Uhuru Kenyatta as the winner of the August 8 presidential election.

Her parents claimed that the officers who were in pursuit of protestors raided their home, plucked them from their house before raining terror on them, leading to the fatal injury. The baby died three days later, while undergoing treatment at Aga Khan Hospital.

However, investigations by police failed to lay a finger on the possible killers, with the Independent Police Oversight Authority’s report indicating that it was difficult to identify the killers following the blanket accusation of the police.

IPOA then sought the intervention of the Office of the Director of Prosecution (ODPP), which ordered for a public inquest into the incident.

The ODPP also directed the National Police Service to take disciplinary action against Former Kisumu County Police Commander Titus Yoma, Kisumu East OCPD Mutune Maweu, Central OCS John Thiringi and Kisumu West OCS and DAPC Benjamin Kosgei over their roles in the command through which the death occurred.

The directive also recommends compensation of Baby Pendo’s parents for the loss of their daughter, including emotional and physical torture they experienced during and after the attack.

And two weeks after the directive, a court file has been opened at Kisumu Magistrate Court, in what is seen to be the ultimate search for justice for the deceased family.

The court file seen by the Standard has set the mention date for the inquest for January 8, 2018, before Chief Magistrate Julius Ng’ar Ng’ar, followed by a hearing in which 21 witnesses have been lined up to testify.

Baby Pendo’s parents; Joseph Abanja and Lenser Achieng top the list of 11 civilians who will testify in the case, which has also seen close neighbours reaped in.

All the witnesses have since recorded statements, and are waiting for a call up in court to shed more light on the heinous act which has received both local and international condemnation of police actions in the country.

Mr Yoma, Mr Mutune and Nyalenda OCS Linah Kosgei are among ten police officers who will also take to the witness stand.

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

The four senior officers were at the top command of the law enforcers who were accused of breaking into the home of Mr Abanja in Nyalenda Slums, where the attack was perpetrated.

Others who will be questioned include two officers attached to the Recce Coy Ruiru and two other GSU officers who had been deployed at Nakumatt, Kachok and the areas bordering Nyalenda Estate.

Achieng yesterday expressed temporary emotional reprieve as she welcomed the news, saying her dream has been to know her daughter’s killers.

“I vividly remember the incident, and how I pleaded with the officers to spare my child, but all was in vain. I have temporarily healed, but I will fully heal after knowing the person who did this, and I am ready to forgive him as no amount of justice will bring back my daughter,” said Achieng, but adding that she was yet to be contacted by police over the inquest which has already been filed.

A court officer however said the couple are treated as witnesses, and will be informed of the days they will be expected to take to the stand, after the January 8 mention.

[email protected]