Seven years after the tragic death of their six-month-old daughter, Samantha Pendo, during a brutal police operation in Kenya, Joseph Oloo Abanja and Lensa Achieng are still waiting for justice. Despite the overwhelming evidence and public outcry, the case against the police officers allegedly responsible has been repeatedly delayed, leaving the grieving parents in limbo and reopening old wounds with each postponement.
A Family’s Heartbreaking Loss
The story of Samantha Pendo’s death is one marked by violence and heartbreak. In August 2017, as tensions from Kenya’s contentious presidential election boiled over, anti-riot police were deployed to quell protests in Kisumu, a stronghold for the opposition. On the night of August 11, during one of these operations, Samantha’s parents were caught in the police crackdown.
Samantha, who had been struggling to breathe due to the tear gas, was in her mother’s arms when the officers continued their violent assault. What followed was a moment that would haunt the family forever—Samantha started foaming at the mouth and died after three days in intensive care.
The Long Road to Justice
The couple’s pursuit of justice has been long, frustrating, and marked by delays. Despite the involvement of multiple legal bodies and investigations that pointed to the police’s role in Samantha’s death, the case has yet to go to trial.
The Struggle for Accountability
Over the years, the Office of the Director of Public Prosecutions (ODPP) has moved to charge 12 police officers with murder, rape, and torture. However, each attempt to begin the trial has been delayed. Legal professionals and human rights advocates have pointed to a lack of political will to pursue justice, despite the public acknowledgment of the crime.
Willys Otieno, a lawyer for the victims, has expressed frustration with the legal system’s delay, especially after two failed attempts in October and November of 2023 to proceed with charges. “It is not even the accused persons who have applied to court for adjournment—it is the DPP who has applied to court to adjourn the plea taking,” Otieno said.
The Political Context Behind the Delays
The delays surrounding the case are seen by some as politically motivated. Kenya’s 2017 presidential election was marred by accusations of fraud, leading to widespread protests, particularly in opposition strongholds like Kisumu. The government’s handling of the post-election violence, including the police’s heavy-handed response, has been the subject of ongoing scrutiny.
After the election re-run, Uhuru Kenyatta, who was re-elected president, and his deputy, William Ruto, both faced accusations of mismanaging the violence and ignoring the need for accountability. The lack of progress in prosecuting the police officers involved in Samantha’s death has raised suspicions of political interference.
Legal and Human Rights Advocates Call for Action
International and local human rights organizations have been vocal in their calls for justice. Amnesty International Kenya, led by Irungu Houghton, has criticized the DPP for failing to take swift action, despite the DPP’s initial involvement in the case and acknowledgment of the police’s culpability.
“The state is no longer interested in prosecuting the perpetrators, and it is now left to victims’ counsels—those of us who work with NGOs and human rights groups—to put pressure on the charges,” Houghton said.
An inquest into Samantha’s death in 2019 confirmed police culpability and recommended further investigations. The DPP’s office later stated that there was evidence pointing to “systematic violence” by the police, including killings, torture, and sexual violence against civilians. However, little has been done to move the case forward.
The ICC: A Potential Solution?
As the delays continue, some have called for the intervention of the International Criminal Court (ICC) or the East African Court of Justice to ensure that the case is heard. Kisumu’s governor, Peter Anyang’ Nyong’o, has called for the chief justice to investigate whether there are deliberate attempts to block the case. If the local courts continue to delay justice, he suggested, the ICC might need to step in.
Parents’ Desperate Call for Justice
For Samantha’s parents, the delay in the case is not just a legal issue—it’s a deeply emotional one. Each delay feels like a reopening of their wounds. The pain of losing their daughter remains raw, and without justice, healing seems impossible.
“It doesn’t matter how I’ll do it, but I’ll make sure that I have justice,” says Joseph Oloo Abanja, now 40 years old and working as a tuk-tuk taxi driver. “Because they took away something that is so precious to me—she was everything to me, that little girl I named after my mum.”
The Broader Context: Police Brutality and Election Violence
Samantha Pendo’s death is part of a broader pattern of police brutality during Kenya’s post-election violence. Investigations have revealed that the violence was not isolated to Kisumu; similar incidents occurred across the country, with police forces using excessive force to suppress protests.
The United Nations and local human rights organizations have condemned the actions of the police during the 2017 elections, calling it a violation of human rights. Samantha’s case has come to symbolize the tragic outcomes of this violence, and for her parents, the search for justice is not just about their daughter but also about holding the state accountable for its role in the deaths of many other innocent civilians.
Conclusion: A Long Wait for Justice
The ongoing delays in the case of Samantha Pendo’s death are a painful reminder of the challenges victims of election violence face in seeking justice in Kenya. While the initial investigations and legal steps pointed to police responsibility, the lack of action by the DPP and the broader government has left many questioning the country’s commitment to human rights and accountability.
For Joseph Oloo Abanja and Lensa Achieng, justice remains an elusive goal. Every delay, every missed opportunity, and every postponement feels like a step further from the closure they desperately need. As they continue their fight, they hold onto the hope that one day, the truth will come to light and justice will prevail for their beloved daughter, Samantha.
