Five top cops in Kisumu found liable for the death of baby Pendo.

 Kisumu Governor Prof.Anyang' Nyong'o prays for the departed soul of Baby Samantha Pendo who died during the post poll protest in Kisumu in August 2017.The Kisumu Court has found five top police officers liable following her death-Photo Dickson Odhiambo.

  By Dickson Odhiambo

February 14, 2019.

Five top cops in Kisumu found liable for the death of baby Pendo.

FIVE top police officers who served in Kisumu County during the August 8, 2017 General Elections have been found liable for prosecution following the death of a six-month-old Baby within Nyalenda Estate in Kisumu.

The five have been found culpable by the Court in Kisumu for the death of baby Samantha Pendo who was allegedly clobbered on the head and died there after the incident.

The five include  former Kisumu county Police commander Titus Yoma, former OCPD Kisumu Central Christopher Mutune Mawewo, Benjamin Koima AP commandant Kisumu central, Inspector of police Linah Kogei and former Officer Commanding Station{OCS} John Thiringi of the Kisumu Central Police station

Kisumu Resident Magistrate Beryl Omollo has ruled today that the Office of Director of Public Prosecutions to take necessary action against the five officers who have been found liable.

The Magistrate says based on the principle of command responsibility in the National Police Service, the commanders in charge of the operations at the Kilo junction in Nyalenda Estate in Kisumu are found liable for the death of the deceased.

The Court further states that the  30 General service Unit Officers who were deployed as Platoon one for operations at the Kachok Roundabout, Ring Road, Kachok Fly Over along Kisumu Nairobi Highway on August 11 and 12, 2017 under the command of Chief Inspector Kyengo Masha John be treated as persons of interest in the death of Baby Samantha Pendo.

The court further ruled that other 16 Police officers deployed under sector one Nyalenda Tumaini Supermarket stretch be treated as persons of interest, adding that Director of Public Prosecution should carry out investigations on the said officers.

The court says it will forward its decision to the office of the DPP to deal with the findings of the inquest in accordance with the law.

It its ruling, the court further states that the respective Police commanders failed to take necessary and reasonable measures to prevent the criminal act of killing of the deceased baby Pendo.

The court says the superiors should incur liability for the subordinates’ unlawful conduct by failing to take any action to redress the situation.

“The senior police leadership, particularly those whose command operation was undertaken knew or ought to have known that the officers were involved in illegal operation,” the Court rules.

The court has noted that after evaluation the entire evidence presented before the court, Baby Pendo died due to severe head injury caused by blunt force trauma inflicted on her by the members of National Police Service who had responded to protest in Kilo junction.

The court further observed that due to the nature of investigations and the evidence adduced in court, it’s impossible for the court to ascertain which officer should be charged for the offence committed.

The court ruled that the evidence tendered before it overwhelmingly points to the members of the security agencies being responsible for the death of the deceased, adding that witnesses stated that the police unleashed unnecessary terror on the residents within the area on the night of August 11, 2017 and in the process hitting Baby Samantha Pendo.

 The parents of baby Pendo who were present during the delivery of the ruling has welcomed it saying justice has been served, adding that they hope other families will also get justice.

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