Director of Public Prosecutions (DPP) Noordin Haji now says United Nations (UN) helped his office to investigate the murder of Baby Samantha Pendo after the Directorate of Criminal Investigations (DCI) failed to do so.
Speaking on a local television station on Sunday, October 30, Haji said the probe done by the DCI was "wanting".
"I found the case of baby Pendo and then made the decision that it should go for an inquest because the investigations which were done by the DCI were wanting.
"It was very clear that these were colleagues investigating other colleagues. So we decided that we need to look at this thing differently and investigate it differently.
"As ODPP, we asked the UN to come in and help us because we felt that someone must take responsibility," he said.
DPP implicates senior police officers
On October 28, Haji directed the senior police officers to be charged in relation to the murder of Baby 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 to charge senior 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.
