Human rights lobby express disappointment over deferment of Baby Pendo case

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NAIROBI, Kenya, Oct 3 – A coalition of 21 Human rights organisations have faulted the court over the postponement of the plea taking for 12 police commanders and officers accused of killing Baby Samantha Pendo and committing several human rights violations during the 2017 post-election violence.

The plea deferral was requested by the Office of the Director of Public Prosecutions (ODPP) after a senior officer implicated in the killing failed to show up for the court session after which the court issued an arrest warrant against him.

The Rights groups under the banner of the Police Reforms Working Group(PRWG) include Independent Medico-Legal Unit (IMLU), Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, and Kenya Human Rights Commission (KHRC).

They described the postponement as a “major disappointment” to survivors and victims’ families.

“This case is pivotal in establishing police accountability and ensuring justice for victims of police violence,” they said.

The accused officers face a number of  charges, including the use of excessive force and sexual and gender-based violence during police operations in Kisumu, following the disputed 2017 general elections.

The rights groups noted the significance of the successful prosecutiin of the case arguing that it is the first time in the country that police commanders and officers are being charged in Kenyan courts under the International Crimes Act as domesticated by the Rome Statute in Kenya.

They stated that the case applies the principle of command responsibility for police commanders who fail to effectively rein in or effectively command police action in the course of duty.  

The PRWG expressed solidarity with victims and survivors and emphasized the importance of the speeedy action by the ODPP and the judiciary to bring the perpetrators to justice.

“We anchor our hope in law and call on the Office of the Director of Public Prosecutions and the Judiciary to swiftly and comprehensively act in the interests of all victims and survivors of police violations during the 2017 Post Election Violence,” the rights groups said.

Should justice be delivered, the PRWG expressed confidence that the ruling shall also create greater respect and accountability for police officers who break the country’s laws and use excessive and unnecessary force in the future.  

The group reaffirmed its commitment to closely monitoring the proceedings of what they called a “landmark case,” which they say will have significant implications for police reform in Kenya

“We commit to all the affected survivors, victims’ families and the public to actively follow the proceedings of this landmark case,” they said.

Source: capitalfm