Police commanders' liable for baby Pendo's death, court told

The Kenya National Commission on Human Rights has asked the court to keep in mind the role of police commanders in baby Pendo’s murder.

KNCHR, Monday, submitted to the Milimani law courts that police commanders, though not present during the 2017 post-election crackdown in Kisumu, had a role.

“The court should not ignore the doctrine of command responsibility while making a determination,” they said.

This means that the commanders can be held criminally liable for crimes committed by their subordinates.

Today, 12 police officers accused in the murder of baby Samantha Pendo in 2017 were arraigned at the Milimani law courts.

The case was brought forward by the Director of Public Prosecutions back in 2017, with recommendation of the Independent Policing and Oversight Authority (Ipoa).

They have also been charged with rape as a crime against humanity and torture as a crime against humanity for 2017 post-election sanctioned violence.

Baby Pendo was six months old when she was killed in the wee hours of August 12, 2017.

The commission had done a report on police violations during the post-election violence of 2017 and recommended that state agencies be held accountable for any sanctioned violence.

The Law Society of Kenya Kisumu Chapter, Ipoa, the Federation of Women Lawyers in Kenya (Fida), the Independent Medico-Legal Unit (IMLU), the International Justice Mission and Utu Wetu will be providing witness and victims counsel.

The court deferred the plea-taking to November 21.