A fresh court case has been filed challenging the decision to withdraw charges against eight senior police officers who had initially been linked to the 2017 post-election violence in Kisumu County, including the killing of six-month-old Baby Pendo.
Victims and civil society groups have moved to the High Court in Nairobi seeking urgent orders compelling the Director of Public Prosecutions (DPP) to reinstate charges against the officers. They argue that dropping the charges against the senior commanders undermines justice and shields those who allegedly bore command responsibility.
The dispute arises from investigations that followed a judicial inquest into the events that occurred in Kisumu between August 11 and August 15, 2017, shortly after the announcement of the presidential election results. The investigations were concluded in October 2022.
Following the probe, the DPP charged twelve police officers under the International Crimes Act with crimes against humanity, including murder, torture, rape and other forms of sexual violence. The charges were first filed as Nairobi High Court Criminal Case No. E074 of 2022 before the matter was later transferred to Kisumu and renumbered as Criminal Case No. E032 of 2025.
However, on May 13, 2025, the DPP withdrew charges against eight of the twelve officers. The officers whose charges were withdrawn are Benjamin Kipkoskei Koima, Benjamin Lorema, Josphat Sensira, Mohamed Ali Guyo, Mohamed Baa, Titus Yoma, Titus Mutune and Volker Edambo. The prosecution is currently proceeding against only four officers, Cyprian Robi Wankio, James Rono, Linah Kogey and John Chengo Masha.
The petitioners claim the decision to drop charges against the eight officers was made without explanation and without involving victims of the violence. They argue that removing the senior officers from the case undermines the principle of command responsibility.
According to the court documents, earlier findings by investigators indicated that crimes committed during what was described as “Operation Post-Election Mipango” were either carried out by or done under the authority of senior police commanders.
Investigations conducted by the Independent Policing Oversight Authority (IPOA) with the participation of the Kenya National Commission on Human Rights (KNCHR), victims and civil society groups documented widespread attacks against civilians in Kisumu during the period. The findings included the killing of Baby Pendo as well as several cases of torture, rape and other forms of sexual violence against women.
When announcing the charges in 2022, the DPP said the acts constituted serious human rights violations and crimes against humanity committed as part of a widespread attack against civilians.
The petitioners now argue that allowing the case to proceed without the eight senior officers risks entrenching a culture of impunity and denying victims full justice nearly a decade after the events.
They are asking the High Court to intervene and ensure that all those allegedly responsible are prosecuted regardless of rank or position.
