A coalition of 30 human rights organisations has condemned delays and procedural irregularities in the prosecution of police officers accused of deaths, rapes and injuries in Kisumu County during 2023 anti-government protests.

The Office of the Director of Public Prosecutions (ODPP) and defence lawyers for the accused officers sought to delay plea-taking, raising doubts about the state’s commitment to justice for victims.

The controversy deepened when the charge sheet was amended without consulting the Independent Policing Oversight Authority (IPOA), the agency investigating the allegations.

The amended charge sheet controversially excluded senior police officers believed to have had command responsibility during the operations.

“The omission of commanding officers from the charge sheet is not just a procedural lapse, it is a betrayal of justice” said a joint statement from Amnesty International Kenya, Utu Wetu Trust and International Justice Mission Kenya.

“The consistent attempts to defer or stall proceedings in this case have betrayed the interests of victims and the public” the groups added.

The statement came hours after the  Director of Public Prosecutions (DPP) Renson Ingonga 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Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo and Mohammed Baa who has been on the run—had been withdrawn.

Barasa told the court 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 previously sought to halt their prosecution over the murder of six-month-old Baby Samantha Pendo during the 2017 post-election violence in Kisumu, arguing that charges under the International Crimes Act conflicted with Kenya’s laws.

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

The prosecution later told the court that after reviewing the files and evidence, charges against the eight 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, Chego, Kogey, Tobi and Rono who are all present in court for plea” Barasa told the judge.

Rights groups also expressed outrage over the public release of victims’ and witnesses’ names in the charge sheet, saying it could expose them to retaliation and intimidation particularly in a high-profile case involving law enforcement officers.

“This public identification has the potential to expose the victims and witnesses to harm and reprisals” the statement said, referencing the Victim Protection Act which mandates authorities to protect vulnerable individuals.

The groups drew parallels with the post-election violence cases at the International Criminal Court (ICC) after the 2007/2008 crisis where witnesses faced intimidation, disappearance or even death.

“All measures must be taken by both state and non-state actors to ensure that victims and witnesses in this case are not subjected to the same risks as those in the ICC cases” the statement noted.

The coalition also called for media outlets and legal parties to redact the names of all victims and witnesses in accordance with court orders and best practices for victim protection.