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Baby Pendo’s death: Noordin Haji approves charges against cops involved


The Director of Public Prosecution, Noordin Haji has approved the crime against humanity charges against police officers alleged to be responsible for the murder of Baby Samantha Pendo and other victims in 2017 post-election violence.

Haji also approved the death and other atrocities against civilians in Kisumu County during the 2017 General Election, which he said were executed under the Operation order dubbed Operation Post-election Mipango.

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He said that the operation had a well-organized command structure with sector commanders and was executed according to consistent patterns involving similar victims and modus operandi.

The operation with the head of the command in charge of implementation was widespread in Nyalenda, Nyamasaria, Kondele, and Obunga.

He said that the attacks were planned, coordinated, and not random by high-ranking officers who he did not identify their names in the interests of the victims publicly and witnesses.

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“I am satisfied that there is evidence to support the following charges under the International crime Act, No. 16 of 2008 with a realistic prospect of conviction and that it is in the public interest to charge the suspected officers with Murder as a crime humanity, rape as a crime against humanity, torture as a crime against humanity,” Haji said.

This became the first case of crimes against humanity to be charged under Kenyan domestic law using the International Crimes Act, and it also became the first criminal prosecution of electoral-related sexual violence.

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Samantha Pendo was killed in a police operation against post-election violence in Kisumu five years ago following the disputed election that the electoral body announced former president Uhuru Kenyatta as the winner.

Mr Raila Odinga of ODM widely disputed the outcome, leading to protests in his major strongholds in the country.

Several people were killed, and thousands were displaced from their homes.

The violence ended following the Handshake between Kenyatta and Mr Odinga in 2018, but the move was criticized by a section of Mr Odinga’s supporters, saying that lives were lost.

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