Silence and emotions engulfed a Kisumu court as the public inquest to determine the killers of six-month-old baby Samantha Pendo kicked off on Monday.
First to take the witness stand was Pendo's mother Lencer Achieng before Resident Magistrate Berily Omollo.
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Achieng was overwhelmed by emotions as she narrated to the court what transpired in August last year that later led to the death of her daughter.
This was when anti-riot officers allegedly stormed Nyalenda slums to quell protestors after the announcement of the presidential elections.
Occasionally breaking down in tears, Achieng told the court how the officers first broke into his brother in law house where they heard screams and shouts for help.
"At this point, I got scared because it was around midnight, I told my husband Joseph Abaja to open the door because we could be next but he told me to calm down, she said.
After few minutes, we heard a knock on the door as the officers demanded that we open the door, at first we declined for fear of being beaten but the officers managed to get some space from the door where they lobbed teargas canisters in the house.
"One of the officers was saying these people have refused to open the door, cock the gun, my door is weak we normally support it with a chair and to some point, they managed to get some space which they immediately lobbed a teargas canister in the house," Achieng told the court.
At this point, Achieng said the house was filled with smoke, they could not breathe, choked and an attempt by her husband, Joseph
Abaja,
to open the door was futile because the officers had locked the door from outside.
"My husband was screaming and shouting that there were kids in the house and they should open the door, and immediately they did," She said adding that the officers eight in number, clad in anti-riot gears descended on her husband with beatings.
While running out of the house due to the choking teargas with Pendo on her shoulder and only in her panties the officers accosted her.
"I told the officers that I surrender they should not beat me, because I have a small baby with me, one officer left me to pass but another tried hitting me, I blocked with my left hand, another hit me on the back, when I turned back, the one in front hit my baby," Achieng narrated.
"Pendo grabbed and held me so tight, I looked at her, there was foam coming from her and the left side of her head immediately swelled. I started crying that they had killed my child as I went back next to the door where my husband was still being beaten by the officers," She said amid tears forcing the court to give her sometime before she could continue.
After some minutes, with the court silent, Achieng continued, saying one of the officers saw this, told her husband to perform first aid for baby and wipe all the forms from her mouth.
Immediately the police retreated, the neighbours ruled the death aspect and quickly she was rushed to a nearby hospital for first aid.
She said together with a good Samaritan and his brother in law, they walked to three different hospitals saying at one point, they saw officers at the Kilo junction in the area but could not help them take the baby to the hospital.
"The first hospital gates were locked, the second hospital gates were also locked but we managed to get assistance from the third hospital - Nightingale - where a medic later advise me to take my baby to Agah Khan Hospital because of her condition”.
Baby Pendo was then transferred to Aga Khan Hospital in Kisumu after she was discovered to be in a coma where she stayed for five days before she passed away.
In tears, Achieng said it was so painful to watch her daughter lying helpless in the ICU machines yet she could not do anything to save her.
While also testifying Abaja, who was also emotional and at one point broke down in tears told the court that the officers stopped beating him when they noticed that foam was coming out of Pendo’s mouth so that he could perform
first aid on her.
“The officers instructed me to suck the nose of my daughter which I did and I felt some response from her,” he told the court.
The prosecution led by Mokaya Nyakundi has lined up 21 witnesses to unravel the most shocking death and face of police brutality witnessed within the city.
The hearing continues.
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