Director of Public Prosecutions (DPP) Noordin Haji has directed the senior police officers to be charged in relation to the murder of Baby Samantha Pendo that occurred after the 2017 general election in Nyalenda slums in Kisumu.
Haji said investigations established that police officers may have been involved in the killing of Baby Pendo among other serious human rights violations including the raiding of homes of innocent unarmed civilians.
"It is evident in the records that several residents of the informal settlements were subjected to untold incidents of pain and suffering as the police officers engaged in excessive use of force and sexual violence of unprecedented magnitudes on the citizens.
"Further, evidence points to a systematic use of violence against civilians all of which constitute serious human rights violations and crimes against humanity," Haji said in a statement.
He further said the case of crimes against humanity is the first one charged under Kenyan domestic laws using the International Crimes Act and the first criminal prosecution of electoral-related sexual violence.
DPP implicates senior police officers
DPP further said the officers who carried out the acts received command from their superiors who are liable for prosecution.
"The operation had a well-organised command structure with sector commanders and was executed according to a consistent pattern involving similar victims and similar modus operandi.
"The operation had heads of command in charge of its implementation. The attacks were widespread and systematic against the civilian population of Nyalenda, Nyamasaria, Kondele, and Obunga. The attacks were planned, coordinated, and not random by the high-ranking officers," Haji added.
He said there is evidence to support the prosecution of the officers with murder as a crime against humanity, rape as a crime against humanity, and torture as a crime against humanity.
"In the interim, the identities of the suspects have not been disclosed to ensure that the victims and witnesses of the aforementioned crimes are protected. All suspects are innocent until proven guilty," Haji stated.
