Police brutality scars still hurt, says Baby Pendo murder report

Victims of police brutality who were either sexually abused or maimed when baby Samantha Pendo was killed expressed their pain and frustration over the years.

Four reports filed by the Probation Assistant Director, Milimani High Court, Bernard Musitia detail the agony of the victims who said they were on the verge of giving up as the criminal case moved from one court to another.

Although police officers John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio and James Rono were eventually charged for the 2017 killing, the report reveals that the government is yet to compensate any of the victims.

“Majority of the victims expressed concerns for socio-economic support, stating that their livelihoods had been significantly affected following the ordeal they underwent. Most of them voiced their appeals for compensation from the State…”

“Again, it was of concern to some victims that this matter had taken long to be heard in court thus almost driving them to the verge of losing hope in terms of getting justice,” says the report filed yesterday.

Musitia told the court the victims, both primary and secondary, were interviewed between May 20 and 30 in Kisumu County. According to him, the majority had lingering scars from the aftermath of the 2017 post-election violence.

“Majority of them reported to have suffered trauma that was still affecting them. Some had undergone counselling while others were still undergoing psycho-social support offered by non-state actors.”

He, however, noted that communities from where the four accused officers come from gave a positive feedback about them. In addition, the four, who are out on a Sh200,000 personal bond each, pleaded with the court to retain the terms.

“My lady, in the event that the honourable court is persuaded to find the outcomes and conclusion of this social inquiry meritorious, then orders can be made for the accused person to be admitted to bond on new terms. Further orders can also be made to mitigate against the perceived concerns of the victims,” he said.

Baby Pendo, who would have been eight now, remains the poster girl of police excesses. In her separate case, her mother, Lancer Ochieng, narrated what happened on the fateful night.

Ochieng recalled how the family retired to bed shortly after 9pm. At around 1am on August 12, 2017, the family was awoken by noise from the neighbourhood.

“My immediate neighbour was shouting, pleading with someone not to beat him up, citing that he was not among the protesters who were throwing stones. I woke my husband up, we were all shaken,” says the court papers.

“Suddenly we heard a loud bang on the door, the people outside were asking us to open it but we did not. Suddenly our door was pushed and it flung open. We usually closed it by placing one sofa set next to it since the latch was spoilt.” 

Then all hell broke loose.

“I was feeling so helpless cried pleading with the officer’s saying, ‘Don’t beat me please am carrying a small child, I surrender’, but all fell in deaf ears. One of the officers beat by hand with a club while I was trying to shield the deceased and immediately another one beat me on the buttocks and while I was trying to recover from the shock another one beat the deceased on the head with a club. The blow was so much that the baby did not even cry,” reads her affidavit.

Pendo was admitted at the Aga Khan Hospital where she succumbed to internal bleeding four days later.