The Director of Public Prosecutions (DPP) has dropped murder charges against eight senior police officers previously linked to the 2017 killing of six-month-old Baby Samantha Pendo during the post-election violence in Kisumu.
The development comes as four other officers were formally charged on Monday in connection with the tragic death and other grave human rights abuses.
The accused — John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono — are facing charges ranging from murder to rape and crimes against humanity under the International Crimes Act.
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John Chengo Masha, a senior officer, has been singled out as the top accused. Prosecutors say he failed to prevent his subordinates from storming civilian homes, where they allegedly assaulted residents, raped more than 20 women, and inflicted other forms of brutality.
Court documents detail horrific acts committed under his command, including the use of tear gas inside homes, beatings with clubs, and rape, some of which reportedly came with extortion demands ranging from Ksh500 to Ksh2,000.
Lina Kogey faces separate murder charges related to the events of August 12, 2017, during a police crackdown on protesting civilians.
The four accused were directed to remain within court jurisdiction for seven days and warned against interfering with witnesses.
Prosecutors argued that the officers not only failed to stop their colleagues from committing atrocities but were complicit in allowing them to unfold unchecked.
Among the officers whose charges were dropped is Mohamed Baa, who the court was informed is missing.
This landmark case marks the first time Kenyan police officers are being charged under the International Crimes Act, which prosecutes individuals responsible for crimes against humanity, war crimes, and other serious violations of international law.
The case, which has drawn widespread public and human rights interest, is being hailed as a major step forward in the fight for justice and police accountability in Kenya.