In February 2019, Kisumu Resident Magistrate Beryl Omollo, who presided over an inquest, found five senior officers who commanded the police deployed to crush protests culpable for the infant's death and asked the Director of Public Prosecutions to take action against them.
Baby Pendo died from internal injuries after she was allegedly hit on the head by officers who had broken into the house while in pursuit of residents protesting against the outcome of the presidential election.
In a 38-page ruling, the magistrate noted that officers failed to demonstrate their professionalism and meted out unwarranted violence to protesters. The magistrate stated that the commanders had a responsibility to know whether their officers were involved in illegal operations.
"That day, a fine flower was plucked out of the safety of their house and violently nipped in the bud by one of the baton-wielding police officers," said Ms Omollo.
In the course of the proceedings, witnesses who testified, including Pendo's parents, faulted the officers over the death. Lencer Achieng, Pendo's mother, narrated to the court how she begged the officers to leave them alone after a teargas canister had forced the family of four to come out of their single room. She said the officers beat her and her husband with batons and one of them hit the baby.
And in her ruling, the magistrate said the baby did not die of natural causes and blamed the police officers for her death. She noted that there was enough evidence to prove that Pendo's death was a premeditated murder because of the actions of the police.
The weapons that were used, including a teargas canister and batons recovered from the scene, the court heard, were weapons that only trained officers had access to.
The 30 General Service Unit officers implicated in Pendo's death were reportedly deployed at Kachok, a few metres from where the baby was assaulted.
Evidence presented by the prosecution indicated that two of the GSU officers failed to return their batons to the stores. Following the new orders, their bosses will now be prosecuted for their crimes, a first in the history of criminal prosecutions in Kenya.