The Director of Public Prosecutions (DPP), Renson Ingonga has dropped murder charges against eight senior police officers linked to the killing of Baby Pendo and 39 protestors, citing lack of evidence.

Appearing before the Milimani High Court judge, Ingonga, through State Counsel Mark Barasa, informed the court that charges against the eight police officers Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo, and Mohammed Baa (who has been on the run)  has been withdrawn.

The State Prosecutor however stated that the DPP is ready to proceed with the prosecution of four officers; John Chego Masha, Linah Kogey, Cyprine Tobi Wankio, and James Rono.

The 11 officers were facing charges of murder, torture and crimes against humanity.

They had initially sought to halt their prosecution over the murder of six-month-old Baby Samantha Pendo during the 2017 post-election violence in Kisumu on grounds that the charges against them under the International Crimes Act conflicted with Kenya’s laws.

However, in a unanimous decision, the appellate judges Patrick Kiage, Weldon Korir, and Joel Ngugi dismissed the officers’ plea allowing the prosecution to proceed at the High Court. 

But the prosecution told the court that after review of the files and evidence provided, the charges against the 8 officers would be dropped.

“The DPP has reviewed the police file and amended the charges against all 12 suspects herein. We are pleased to inform the court that we are ready to proceed with the prosecution of four officers namely Chego, Kogey, Tobi, and Rono who are all present in court for plea,” prosecutor Basara told the judge

However, the Independent Policing Oversight Authority (IPOA) has vehemently opposed the DPP’s decision to terminate the murder charges against the eight officers, arguing they were not consulted.

The authority did not oppose the plea taking of the four officers.