In today’s court news,the Director of Public Prosecutions (DPP) has officially charged four police officers with crimes against humanity; including murder, torture, and mass rape; linked to the 2017 post-election violence in Kisumu County, Kenya. These are the first charges to be brought against the original twelve officers under investigation.
The accused officers: John Chengo Masha, Linah Kogey, Cyprine Robi Wankio, and James Rono, appeared before Justice Margaret Muigai at the Milimani High Court, where they pleaded not guilty to all charges.
According to the prosecution, on August 12, 2017, at approximately 1:30 a.m. in the Kilo section of Nyalenda, Kisumu East Sub-county, the four officers, serving as General Service Unit (GSU) inspectors and platoon leaders, deployed police personnel while aware; or having reason to believe; that the officers under their command were committing or were about to commit crimes.
The prosecution alleges that the four failed in their duty to prevent or take responsibility for the killing of Baby Samantha Pendo, who died as a result of excessive police violence carried out by the unit under their control.
They are charged with murder as a crime against humanity under Section 6(1)(b) of the International Crimes Act (Act No. 16 of 2008).
Additionally, the officers are accused of deploying a platoon in Nyalenda and at the Kachok roundabout despite knowing the unit was either committing or preparing to commit serious human rights violations. They allegedly failed to report these actions to the appropriate authorities for investigation and prosecution.
One of the most disturbing charges involves the deployment of officers at Kachok roundabout between August 11 and 12, 2017. During that time, members of the platoon are said to have broken into homes, used tear gas to subdue residents, and subjected women to gang rape.
Officer Cyprine Robi Wankio faces separate charges of rape and knowingly deploying officers to Nyamasari on August 12, 2017, where women were reportedly raped and infected with HIV/AIDS. The prosecution says Wankio failed to exercise control over the officers and did not refer the matter for investigation.
Representing the victims, Senior Counsel Willis Otieno urged the court to consider the interests of the survivors when making decisions regarding bail or bond. He emphasized the gravity of the charges and the impact of the crimes on the affected communities.
