By Andrew Kariuki
A new case has been filed challenging the decision to withdraw charges against eight senior police officers linked to the 2017 post-election violence in Kisumu County, including the killing of Baby Pendo.
In an application before the High Court in Nairobi, Baby Pendo’s parents, Joseph Oloo and Lenser Achieng, alongside other victims and civil society groups, are seeking urgent orders to compel the Director of Public Prosecutions (DPP) to reinstate the charges.
The petitioners argue that the exclusion of the eight officers undermines justice and shields those who may bear command responsibility.
The case traces back to investigations concluded in October 2022, following a judicial inquest into the violence that occurred between August 11 and 15, 2017, after the announcement of presidential election results.
At the time, the DPP charged twelve police officers under the International Crimes Act with crimes against humanity, including murder, torture, rape, and other forms of sexual violence. The case was initially filed in Nairobi as Criminal Case No. E074 of 2022 before being transferred to Kisumu and renumbered as Criminal Case No. E032 of 2025.
However, on May 13, 2025, the DPP withdrew charges against eight of the twelve officers—many of them senior figures who had been adversely mentioned in the judicial inquest.
The officers affected by the withdrawal are Benjamin Kipkoskei Koima, Benjamin Lorema, Josphat Sensira, Mohamed Ali Guyo, Mohamed Baa, Titus Yoma, Titus Mutune, and Volker Edambo.
Prosecution is currently proceeding against four officers: Cyprian Robi Wankio, James Rono, Linah Kogey, and John Chengo Masha.
The petitioners contend that the withdrawal was done without explanation, consultation, or consideration of the victims’ views, arguing that proceeding without the senior officers weakens the case and undermines accountability.
Court documents further indicate that the DPP had earlier established that the crimes committed during what was referred to as “Operation Post-Election Mipango” were either carried out by or under the authority of senior police commanders.
Investigations led by the Independent Policing Oversight Authority (IPOA), with participation from the Kenya National Commission on Human Rights (KNCHR), victims, and civil society groups, pointed to widespread and systematic attacks against civilians.
These included the killing of Baby Pendo, as well as multiple cases of torture, rape, and sexual violence against women in Kisumu.
In announcing the charges in 2022, the DPP described the acts as serious human rights violations amounting to crimes against humanity, committed as part of a widespread attack on civilians.
The latest petition now places renewed scrutiny on the prosecution’s decision, as victims seek full accountability for one of the most painful chapters of Kenya’s post-election violence.
