5 COMMANDERS who took charge of 2017 operation in which Baby Pendo was killed in Nyalenda found culpable for her death; 31 officers to face probe.
Baby Pendo died in August, 2017 after she was clobbered on the head allegedly by the police in her parents’ Nyalenda slum house.
The officers were responding to chaos that rocked the lakeside city after Uhuru Kenyatta was declared the winner of the August 8, 2017, presidential elections.
Government chemist Joseph Gitonga brought to the court a report on the exhibits provided by Ipoa investigator, including a teargas canister.
During the inquest, lawyers said the police service should be held responsible for the child’s murder since it could not identify the individuals responsible.
Law Society of Kenya’s Richard Onsongo said the police service was liable since the blunt object used to hit Pendo belonged to the institution.
Independent Police Oversight Authority’s Bernadette Nzui said the officers violated the National Police Service Act by using excessive force in a residential area.
When the inquest was concluded last year, senior resident magistrate Beryl Omollo said she needed adquate time to go through the evidence presented in court.
Twenty one witnesses testified, among them Baby Pendo’s parents – Joseph Abaja and Lenser Achieng. Their nine neighbours also testified.
General Service Unit officers deployed to Nakumatt, Kachok and areas bordering Nyalenda Estate also testified.
Several members of Ruiru’s Recce company including GSU commander Nzioka Mutune attached to the headquarters and former leader of the unit’s Nyanza division, also gave their accounts.