More than seven years after the death of Baby Samantha Pendo and 39 others during the 2017 post-election violence in Kisumu, four senior police officers were yesterday arraigned at the High Court in Nairobi on charges of crimes against humanity.

John Chego Masha, Linah Kogey, Cyprine Tobi Wankio, and James Rono appeared before High Court Judge Margaret Muigai at the Milimani Law Courts where they pleaded not guilty to nine charges, including murder, rape, and torture.

The charges are detailed in a comprehensive 30-page document filed by the Director of Public Prosecutions Renson Ingonga, which reveals how junior officers killed Pendo, raped women and some victims allegedly forced to pay between Sh500 and Sh2,000.

The four officers are the first in Kenya to be charged with crimes against humanity under the International Crimes Act, the doctrine of command responsibility, a principle of international law that holds superiors criminally liable for atrocities committed by their subordinates if they fail to prevent them or punish the perpetrators.

They are accused of command responsibility for the death of Baby Pendo, 39 protestors and the rape of over 28 women in Kisumu.

In a detailed charge sheet, the prosecution said the four police bosses failed to prevent or punish atrocities committed by officers under their command during violent police operations carried out in Kisumu in August 2017.

In the first count, the court heard that John Chego Masha, then an Inspector with the General Service Unit and operational head of Platoon One, failed to prevent the unlawful killing of Baby Pendo. 

The Office of Director of Public Prosecutions (ODPP) said that on August 12, 2017, at about 1:30am, Masha was in charge of officers deployed at Kilo Junction and Kachok Roundabout in Nyalenda, Kisumu East, and knew or had reason to know that crimes were being committed by officers under his command.

Linah Kogey, who was the officer in charge of Nyalenda Police Post and responsible for operations in Sector One, was accused in the second count of failing to prevent Pendo’s death or to refer the matter to relevant authorities for investigation.

She also faces an alternative charge of murder for her alleged inaction after knowing that her officers had unlawfully killed the infant.

In a separate charge, Masha was accused of failing to report or stop acts of sexual violence committed by officers under his control between August 11 and 12, 2017. 

He allegedly allowed widespread sexual violence to take place against women in Nyalenda and failed to report the crimes for prosecution.

The court was told that on August 12, 2017, officers under Masha’s direct command raided homes in Nyalenda, brutalising and raping women, some in the presence of their children and other family members.

The prosecution informed the court that August 12, 2017, police officers under Masha’s direct command forcibly entered the home of a woman known as CAO by lobbying tear gas canisters, assaulted her and subsequently raped her in turns.

“In August 2017, four police officers under your effective authority and control forcefully entered the house of a woman know as MAO by breaking her door, hit her using the rungu and raped her in turns leaving her writhing in pain,” the charge sheet against Masha reads.

In another incident, six armed police officers on August 11 allegedly stormed EA’s house at Ghorofa Chafu Building, beat her and others with sticks, stole Sh2,000 and molested her.

On the same night at around 1:00am, three officers allegedly broke into a woman identified as MO’s house, demanded to know her husband’s whereabouts, and then raped her in turns.

In another incident, four officers entered EA’s house at Ghorofa Chafu and raped her and her female friend while the fourth officer watched.

“In yet another incident,” the charge sheet reads, “three police officers under Masha’s command stormed the house of QAO at Ghorofa Chafu Building, inquired about her husband, and then raped her in turns. They demanded money, took Sh500 from her purse, and left.”

The DPP and the victims lawyer Willis Otieno had opposed the release of the four on bail claiming they were likely to interfere with key witnesses in the matter.

However, Justice Muigai released the four officers on a personal bond of Sh200,000 each, with strict conditions that they must not interfere with witnesses or tamper with evidence. Failure to comply will lead to cancellation of their bond terms. The four officers have denied all nine charges.

The prosecution of the four came after the DPP withdrew murder charges against eight other senior police officers. 

Those cleared were Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo, and retired police officer Mohammed Baa, who is missing.

Ingonga, through State Counsel Mark Barasa, confirmed that the prosecution would proceed with the charges against Masha, Kogey, Wankio, and Rono only.

“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 opposed the withdrawal of charges against the eight officers, saying the DPP failed to consult them. 

Nonetheless, IPOA did not object to the plea-taking of the four remaining accused.

After the court session, LSK lawyer Abner Mango, who also represents the parents of Baby Pendo, has expressed disappointment over the DPP’s decision to drop charges against eight police bosses. 

Mango argues that Ingonga had violated the Court of Appeal’s decision of January 30, 2025, which directed that all 11 police officers face murder charges.

Baby Pendo’s parents also appreciated the Judiciary following the prosecution of four senior police officers over the killing of their six-month-old daughter. 

Agnes Achieng and Joseph Abanza, speaking to the media outside Milimani Law courts, expressed gratitude to various human rights groups for their relentless efforts in pushing for accountability.

However, they also voiced their disappointment with DPP Renson Ingonga’s decision to drop charges against eight of the officers.