The family of Baby Samantha Pendo, who was killed in a police operation against post-election violence in Kisumu five years ago, will not be voting on August 9, as they plan to leave the city before then.
As soon as schools close on August 5 for the elections, the family plans to return to their village in Siaya County as they fear a repeat of what happened in 2017.
“During the elections, I will be in Siaya County. I am not sure whether the elections will be peaceful or there will be violence,” said Mr Joseph Abanja, the father of the girls, who was six months old when she died.
He added: “I would not allow my family to go through another painful moment. No election cycle will ever find my family in our Nyalenda home. I’d rather be with them in my village in Siaya.”
With about 10 days before the elections, the family is still feeling chills as they remember the events of August 11, 2017.
That Friday night, President Uhuru Kenyatta was declared winner of the elections.
But one family will remember it as the night they were robbed of their joy. As visitors enter the family’s house, they are greeted by an imposing photo of Pendo, framed and prominently displayed on a wall.
What started as a normal protest turned tragic when gunshots rang and the smell of teargas filled the air.
In the aftermath, the Abanja family was in tears. Their daughter Pendo, just six months old and still living on her mother’s breast milk, had been clobbered too.
When the dust settled, Pendo was found to have a severe head injury caused by a police officer, who was among security agents responding to protests in Kilo, Nyalenda.
She was rushed to Aga Khan Hospital. She was in a coma for four days and died on August 15, 2017.
An autopsy revealed that she had succumbed to her head injuries.
Pendo’s mother Lancer Achieng Abanja says her life changed after her daughter died.
“I lost a child. The gap she left in my life is irreplaceable. A flower was uprooted from my garden, never to grow back, it is a space that has never been filled by anyone,” said Mrs Abanja.
The family was among many affected by police brutality in the 2017 post-election clashes.
But five years later, not a single officer has been arrested or presented in court to answer for the atrocities committed.
“Our biggest fear is that the responsible persons might go scot-free. We have not heard from anyone concerning the matter over the last one year,” Mr Abanja said.
After a court ruled on the case, he said, a team that was to pursue justice for Pendo went silent for more than a year.
The family was approached by officers from the Independent Policing Oversight Authority (Ipoa) a year later concerning the charges.
“The officers took fresh statements from us and promised to get back but they have never reached out,” Mr Abanja said.
No closure
“Had someone been arrested and charged with the murder, our hearts would have been at peace. We are still hoping that someday justice will prevail.”
Magistrate Beryl Omollo ruled that five officers involved in the crackdown in the area on the day of the incident had a case to answer.
They included former Kisumu County police commander Titus Yoma, former Kisumu East OCPD Christopher Mutune and Mr Bernard Kipkosgey Koima, the deputy sub-county AP commander in the area where the incident occurred.
The others were former Nyalenda OCS Linah Kosgey and former chief inspector John Thiringi, who was the Kisumu central OCS.
The court also identified GSU Chief Inspector Kyengo Masha John and his platoon of 29 officers, who were in charge of the Kachok Roundabout-Ring Road and Kachok flyover areas, as persons of interest as they had been deployed to quell the chaos.
When Director of Public Prosecutions Noordin Haji visited Western in 2019, he promised that the case would start but it has not.
The family said they had to move from their old home to a new one, fearing what the forthcoming elections would bring.
About 200 people were affected by the post-poll clashes in Kisumu in 2017, said Boniface Akach, the Kondele community social justice director.
“From our records, we have 200 victims. Some were killed, others have injuries while others to date have psychological traumas,” Mr Akach said.
The justice system has been slow, leaving the family in endless pain, said Amnesty International Executive Director Irungu Houghton.
The High Court ruled that 31 officers, including the operation’s commanding officer, be put on their defence and instructed the DPP to charge them.
“Two years is too long for a family to have to wait for the resolution of a case, we want to know what happened on that fateful night and who should be held accountable for the death,” said Mr Irungu.
He went on: “We should not go to the next election when the family has not yet got justice.”
Meanwhile, Pendo’s parents have called on Kenyans to vote peacefully and maintain peace before and after the election.
“We are calling for a peaceful election. Whoever will lose should accept and shake the opponent’s hands. Kenya is bigger than individuals,” said Mr Abanja. BY DAILY NATION