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Seven years after their six-month-old daughter, Samantha Pendo, was fatally injured during a violent police operation in Kenya, her parents, Joseph Oloo Abanja and Lensa Achieng, continue to endure heartbreak as the case against the accused officers faces yet another delay.
“This is a scar that will never fade,” Achieng, a hotel worker in Kisumu said recalling how Samantha died of a fractured skull and internal bleeding. Each postponed hearing deepens their anguish, as their quest for justice remains mired in delays and disappointment.
A Night of Horror
The tragedy unfolded on August 11, 2017, in Kisumu, a stronghold of opposition protests following a disputed election. Riots erupted across the informal settlement of Nyalenda, prompting the deployment of anti-riot police.
As chaos engulfed the neighborhood, the couple barricaded themselves in their modest one-room home. But by midnight, police had reached their door, pounding relentlessly.
“They knocked and kicked it several times, but I refused to open,” Abanja recounted, pleading for his family’s safety. Eventually, officers forced their way in by tossing a tear gas canister inside, suffocating the family and driving them out.
Outside, Abanja was ordered to lie down and was brutally beaten. His wife, holding Samantha, also suffered blows as she tried to shield her baby.
“I felt her holding me tightly, as if she was in pain,” Achieng said. Moments later, foam began to emerge from Samantha’s mouth. The officers left as neighbors helped rush the injured child to the hospital, but despite three days in intensive care, she did not survive.
Long Road to Justice
Samantha’s death became emblematic of police brutality during Kenya’s 2017 post-election unrest. Twelve officers are expected to face charges for murder, torture, and rape. However, repeated postponements—most recently due to the transfer of a presiding judge—have stalled the case, now rescheduled for the end of the month.
Willys Otieno, a lawyer for the victims, attributes the delays to a lack of political will. “The state is no longer interested in prosecuting the perpetrators,” Otieno said, accusing the Office of the Director of Public Prosecutions (ODPP) of obstructing progress.
Evidence of Systematic Violence
Initial investigations by Kenya’s former Director of Public Prosecutions, Nurdin Hajji, found police culpable for Samantha’s death. Further probes uncovered systematic violence during the 2017 crackdown, including killings, torture, and sexual assault, which could amount to crimes against humanity.
In 2022, charges were sought under Kenya’s International Crimes Act for the first time, implicating both officers and their commanders. However, since the appointment of a new DPP in 2023, the case has seen little progress.
A Growing Push for International Justice
Frustrated by the delays, victims’ lawyers are considering private prosecutions or escalating the matter to the East African Court of Justice or the International Criminal Court (ICC).
Kisumu Governor Peter Anyang’ Nyong’o has urged Kenya’s chief justice to investigate potential sabotage, warning that failure to act could force a referral to the ICC. “Justice delayed is justice denied,” he said.
Healing Through Justice
For Samantha’s parents, the pain remains raw. “Each postponement reopens our wounds,” said Abanja, now a tuk-tuk driver. Samantha’s death took “something so precious” from him—a daughter named after his mother.
“I’ll do whatever it takes to get justice,” he vowed. For Achieng and Abanja, the fight for accountability is not just about their loss but ensuring that such tragedies are never repeated.
