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Four Kenyan police officers charged over baby's killing as others freed

Four Kenyan police officers have been charged with the murder of a six-month-old baby nearly eight years ago.

Eight other officers who had originally also been accused alongside the four have had the charges against them dropped by the public prosecutor, sparking criticism.

The case relates to baby Samatha Pendo, who was fatally hit in 2017 as police were deployed to quell violence linked to post-election protests in the western city of Kisumu.

On Monday, the four officers who are still accused denied multiple charges including murder as a crime against humanity.

They also pleaded not guilty to other charges of torture and rape committed against civilians.

But a number of human rights groups, including Amnesty International, say the charge sheet "omits senior officers who held overall command responsibility during the operations that saw the deaths, rape and injuries of no less than 60 Kenyans".

They have also expressed concern over the prosecutor's office move to name the victims and witnesses which it said could expose them to harm and reprisals.

Baby Pendo - as she became known - died after being hit on the head, which caused a national outrage and became a symbol of the police brutality during the 2017 unrest.

The public prosecutor at the time initiated a public inquest.

After the inquest found the police culpable, the prosecutor ordered further investigations into other cases resulting from the police operation.

But none of the accused had until now entered a plea amid repeated delays in court, which sparked calls for justice and accountability.

Baby Pendo's mum, Lensa Achieng, has told the BBC that she is hopeful for justice and is pleased that "we have a case now".

She said the journey had not been easy "but as the family of Baby Pendo at least we are going somewhere... they are taking a bold step to take the case to another level.

"It's just our prayer for us to find justice for our daughter so that whatever happened to us does not happen to another parent."

Rights groups have continued to criticise the delays, blaming numerous attempts to defer or stall court proceedings.

They say the charges were amended without the involvement of the investigating agency, the Independent Policing Oversight Authority (Ipoa).

Ipoa has said it does not know the rationale used by the prosecutor.

There has been little movement since a new prosecutor took over in 2023, and this year the head of Amnesty Kenya, Irungu Houghton, told the BBC that there seemed to be "an unwillingness to try to prosecute this case".

Amnesty and other rights groups are now calling on the judiciary to ensure the cases against the four officers are not delayed.

Additional reporting by Gladys Kigo

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