Four police officers have been charged with the 2017 murder of baby Pendo and 39 other protestors. In the latest development of the case, eight of the 12 police commanders and officers, who were initially included in the charge have been dropped.

"We will be charging only four accused persons in the case and with us in court is the amended charge sheet ready to charge the four," the prosecution told the court today.

The plea-taking occurred after more than two years since the case was lodged by the Office of the Director of Public Prosecutions (ODPP) in 2022. The matter has been characterized by repeated adjournments and delays.

Led by prosecution counsel Vincent Monda, the ODPP told the court that after reviewing the case files, it has approved charges against four individuals, with charges against six other suspects dropped.

The officers facing prosecution are John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono. 

John Chengo Masha, a senior officer, faces charges of murder, rape, and crimes against humanity under the International Crimes Act.

According to prosecutors, Masha failed to take reasonable measures to prevent officers under his command from entering victims’ homes, where they reportedly beat residents with rungus and raped at least six women.

It is further alleged that officers involved in the operation extorted money from the victims. Reports indicate that under Masha’s command, police officers broke into homes, used tear gas, assaulted residents, and took turns raping women. 

Some victims were allegedly forced to pay between Kes500 and Kes2,000 even as the other officers stood by and did nothing to intervene.

Lina Kogei was also charged with murder in connection with events that took place on August 12, 2017.

The National Police Service informed the court that Mohammed Baa, who is linked to the brutal killing of Baby Samantha Pendo, remains at large, years after the tragic incident that sparked nationwide outrage.

Mohammed, a retired police officer, has never been arrested since the case began. Police efforts to locate Baa at his rural home in Wajir County have so far been unsuccessful. “The homestead appeared deserted, with no visible signs of human movement,” the court was told.

The case has drawn widespread attention from the public and human rights organizations and is seen as a significant step toward justice and police accountability.

It marks the first time that officers have been charged under the International Crimes Act, a significant step in the pursuit of justice for victims of police brutality and human rights abuses.

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