Rape, Torture Among Charges Leveled Against 4 Officers in Baby Pendo Murder Case

Four senior police officers have been charged with multiple crimes against humanity, including murder, rape, and torture, in connection with the 2017 killing of Baby Samantha Pendo. 

In a statement on Monday, May 5, the Office of the Director of Public Prosecutions (ODPP) said the officers were arraigned before a Milimani court and faced the charges.

Inspector John Chengo Masha is facing charges for the murder of Baby Samantha Pendo, alongside alternative charges of failing to refer the matter for investigation and prosecution.   

He is also charged with rape and torture, as well as neglecting to act on or report widespread sexual violence against women during the unrest. 

Inspector Linah Kosgey was similarly charged with Baby Pendo’s murder and related offences, including failure to suppress or investigate rape and torture perpetrated against civilian women. 

Robi Wankio and James Rono were each charged with rape, and with failing to prevent or report acts of sexual violence and torture. 

Both officers are also accused of failing to bring these matters to the attention of competent authorities for investigation and prosecution.

According to the ODPP, all four officers pleaded not guilty to the charges, and the mention of the case was set for May 12, 2025.

"The four (4) pleaded not guilty to one (1) count of murder, eleven (11) counts of rape and thirty eight (38) counts of torture respectively before Justice Margaret Waringa Muigai. The case will be mentioned on 12th May 2025 for further directions,” the ODPP stated.

Baby Pendo, a six-month-old infant, was fatally injured during a police raid on her family’s home in Kisumu in August 2017.

As anti-riot police responded to protests following the disputed presidential election, they forcibly entered her family's home.  

According to her parents, officers threw a tear gas canister into their one-room house, compelling them to exit. 

Outside, the officers beat both parents with batons.

While her mother, Lencer Achieng, was holding Baby Pendo, an officer struck the infant on the head with a baton. 

The baby lost consciousness and was rushed to Aga Khan Hospital, where she died three days later in the intensive care unit.

A post-mortem examination revealed that Baby Pendo suffered a severe head injury resulting in a gaping skull fracture, leading to her death.