Police officers culpable for Baby Samantha Pendo’s death will be prosecuted, Director of Public Prosecutions Noordin Haji has said.
Haji said on Wednesday his office was reviewing the file on Baby Pendo to initiate prosecution of the suspects based on the outcome of the inquest which took the position that the principle of command responsibility ought to apply.
“I want to guarantee that I will not relent in taking action against errant police officers including those in positions of authority who abuse their power,” he said.
Five police officers, among them ex-Kisumu police commander Titus Yoma and Nyalenda police post inspector Lina Kogei, were in February found culpable for the death of Baby Pendo in 2017.
Kisumu senior resident magistrate Beryl Omolo, who presided over the inquest, ruled that the evidence indicted the police for the death of the six-month-old baby.
She also recommended charges against 30 GSU officers involved in the operation.
Baby Pendo died of internal injuries after she was clobbered by officers who had broken into her parents’ house in pursuit of those protesting the outcome of the 2017 presidential election.
“I am a strong proponent of police accountability and I can assure you, to the best of my ability, those police excesses will not find any comfort within our justice system during my tenure,” the DPP said.
Haji said the government has made great strides towards having an efficient police service through professionalisation and accountability.
His office has set out to develop guidelines on police conduct when enforcing the rights of citizens to assemble, demonstrate, picket and petition in line with the Constitution, Standard Operating Procedures in dealing with investigations and prosecutions of matters related to police accountability.
The DPP said the country has a strong legal and institutional framework that includes an Internal Affairs Unit at the National Police Service, the National Police Service Commission, Independent Policing Oversight Authority and the KNCHR.
He spoke during the International Conference on Police Accountability in Africa at a Nairobi hotel.
He said his office, in partnership with Office of the High Commissioner for Human Rights in Kenya, commissioned a consultancy for strengthening prosecution capacity on Human Rights between April and June.
During this period, officers from IPOA, WPA, KNCHR, DCI, NPS, IJM, IMLU, Haki Africa and Muhuri were interviewed with the objective of addressing and remedying human rights and assessing the needs, gaps and areas that require strengthening in investigation and prosecution.
The DPP said the report recommended the establishment of a tripartite Task Force on Civil and Human Rights, building the capacity of prosecutors on human rights violations, tracking of cases especially on integrated data system with IPOA and collection of data involving police abuse among others.
“I am currently in the process of establishing the task force and implementing the recommendations.”
His office in collaboration with the Police Reform and Justice Centre Working Groups organised community dialogues on police excesses in Nairobi, Lamu, and Mombasa. These dialogues gave the victims the opportunity to share their experiences that were documented with a view of ensuring victims get justice.
A month ago, his office partnered with local NGO to hold a workshop sensitising law enforcement agencies on criminal justice accountability on extra-judicial killings.
Through these forums, they seek to come up with a shared vision and understanding of issues that govern the relationships between communities, security agencies, and the criminal justice sector.
“It is my hope that the solutions thereto, will not only incrementally boost public confidence in the police force but also assist them in understanding their clientele needs.”
Haji said his office seeks to enhance democratic and functional policing to entrench the rule of law, boost public confidence and enhance police legitimacy and also assist in having a functional and accountable police service.
He has established a specialised civil rights division staffed with officers with the requisite expertise in international human rights law that works closely with the oversight bodies and mechanisms within the police service, the DPP said.
Haji noted that the jurisprudence obtained from prosecuting these cases will influence the thinking on areas of command responsibility and broaden the theories and practice of police accountability.
He said the SOPs will streamline prosecution-led investigations in these matters and enhance collaboration in collection and analysis of evidence to build a strong prosecution case thus increasing the probability of securing a conviction.
Edited by R.Wamochie
