Baby Pendo’s parents and other victims of 2017 post-poll violence sue DPP
By Zipporah Ngwatu, April 13, 2026The parents of the late Baby Samantha Pendo, with 42 other victims of 2017 post-election violence, have sued the Director of Public Prosecution (DPP), Renson Ingonga, for withdrawing charges against eight senior police officers.
On May 6, 2025, the DPP dropped charges against senior police officers Benjamin Kipkoskei, Benjamin Lorema, Josphat Sensira, Mohamed Ali Guyo, Mohamed Baa, Titus Mutune, Titus Yoma and Volker Edambo.
However, the DPP charged four of the 12 senior police bosses, namely John Chengo, Linah Kosgey, Cyprine Wankio and James Rono, with multiple counts of crimes against humanity, including one count of murder, 11 counts of rape and 38 of torture.
Through an application filed at Kisumu High Court, Constitutional and Human Rights Division, the petitioners argue that DPP Ingonga did not give any reasons, explanations or justifications for the decision not to proceed with the charges.
Notably, baby Pendo’s parents and other victims, through their legal team led by senior counsel Paul Muite, aver that the state did not seek their views before proceeding with the withdrawal of the charges against the eight senior police officers.
They state that by dropping the charges, the DPP violated and fell afoul of provisions of domestic and international law which collectively affirm the right of victims to be involved or consulted before such decisions are made.
The DPP, through information dated October 22, 2022, sought to prosecute 12 senior police officers for crimes against humanity, including murder, torture, rape and other forms of sexual violence committed by police officers under their authority, command and control.
“Inexplicably and without consultation with and without seeking the views of victims, the DPP dropped charges against eight (8) of these twelve (12) senior police officers, being the senior-most of the twelve,” part of the application reads.
“The action of the DPP of withdrawing charges against eight of these 12 senior police officers raises fundamental questions concerning the obligations under domestic and international law of states (Kenya in particular) to prosecute perpetrators of international crimes,” part of the court papers reads.
The petitioners now want the court to order the DPP to immediately reinstate charges against all the senior officers, including the eight whose charges against them were dropped, or the court to alternatively grant them leave to immediately commence and proceed with private prosecution against the 8.
“An order directing the respondent (DPP) to immediately reinstate charges against all persons listed in information dated 26 October 2022, being senior police officers who bore command responsibility for the crimes against humanity of murder, torture, rape and other forms of sexual violence committed by police officers in Kisumu County between August 11 and 15, 2017,” part of the orders sought reads.
In addition, they are seeking an order restraining the DPP from proceeding with the amended information dated May 13, 2025, in its current form, insofar as it excludes the eight individuals, without lawful justification and compliance with constitutional and statutory requirements.
According to the charges pressed against the four senior officers, Chengo, Linah, Wankio and Rono, their juniors are accused of forcefully gaining access to victims’ houses by throwing tear gas canisters and, in other incidents, breaking doors.
They were also accused of stealing from victims as low as Ksh500 after harassing them, leaving them in pain.