By Joyce Awino Ochieng
In the wake of numerous abduction cases of both Kenyan and foreign nationals, there is a deep sense of unease that hangs over families. We are constantly wondering who is next. Unfortunately, for the family of Samantha Pendo, this fear is no longer hypothetical. It is a painful reality. Pendo’s life was tragically cut short during the 2017 general elections, a stark reminder of the devastating consequences of police brutality. At just six months old, Pendo was robbed of what should have been a bright, promising future. She was never given the chance to learn to walk, talk, go to school, form lifelong friendships, or even dream of a family of her own. Instead, her brief life became emblematic of a broken justice system marked by inaction, broken promises, and an unsettling disregard for accountability.
Unlike impeachment proceedings which are conducted in record time, this case has yet to take off due to the absence of the 11th suspect, Mohammed Baa. Baa’s disappearance is symptomatic of a broader culture of impunity and lack of accountability within the police force. This situation has left the family of Baby Pendo and the public without clear answers about who is responsible for the violence that claimed the life of an innocent child. It serves as a reminder that our law enforcement officers, regardless of their amenities and expertise, are unable to trace Collins Jumaisi Khalusha, the main suspect in the Kware murders, many other abductees, and in this case, the 11th suspect.
Does “justice delayed” still hold weight when the authorities show no urgency in pursuing it? We were elated when some of the abducted individuals were released, but should we be celebrating their release when we know little of the trauma they endured? Should we be grateful to the abductors as if they were doing us a favor simply by releasing them alive? Should they have been abducted in the first place? How about those who are still missing? How much longer will we allow this culture of impunity to continue? How many more families must endure the pain of unanswered questions before action is taken? The absence of the suspects, especially Baa, cannot be allowed to drag on indefinitely. The repeated flaunting of court orders by law enforcement officers sends a chilling message about the erosion of the rule of law and the inability or unwillingness of the state to bring justice to its people. The message is clear: there is no accountability, no fear of punishment, and no respect for the very institutions that are meant to safeguard justice.
On November 5, 2024, the court ordered the Inspector General of Police, or a duly authorized officer, to appear before the court regarding Baa’s absence on January 15, 2025. However, Justice Lilian Mutende, the presiding judge, has since been transferred to Nyahururu, and the next mention is scheduled for January 29, 2025, before Justice Muigai.
Baby Pendo’s case has become a symbol of the indifference with which those in power treat the suffering of ordinary Kenyans. It’s a painful reminder that in the eyes of many, the lives of the powerless are expendable, and the pursuit of justice for them is secondary to the protection of those in authority. But this case also serves as a test—a test of our police force, our judiciary, and all of us as citizens who believe in a just and fair society. It is about asking ourselves: Do we accept a system that continues to fail its people, or do we rise and demand change? Let us make sure that Baby Pendo’s death is not in vain but rather a turning point in our fight for justice.
The writer is a Programs Associate at Utu Wetu Trust
