Lancer Ochieng, mother to the late Baby Pendo Samantha, has moved to court seeking compensation from the state over the killing of her six-month-old baby.
Pendo was killed by a blow to the head, inflicted by the police countering protesters during the 2017 post election violence, at their home in Nyalenda Slums in Kisumu city.
She says that the baby had nothing to do with what was going on, adding that they were forced out of their house, in an ordeal that saw her and her husband Joseph Abanja also assaulted.
In court papers filed by her lawyer Joan Neto, she argues that the police officers did not consider the safety of the family, after throwing in a teargas canister to force them out.
She says that the assault of the baby was unconstitutional, in a case where she has listed Inspector General of Police Hilary Mutyambai as the first respondent.
“The petitioner contends the actions of the police officers in assaulting the victim who was a minor, were unconstitutional. The action of the first respondent’s (Inspector General of Police) officers deprived the baby of her life,” reads the papers.
She also says that the officers refused to help her rush the baby to hospital when her head became swollen, adding that her death has caused the family pain and suffering.
She is also questioning why the government is yet to take punitive measures against the responsible officers, even after being identified and found culpable.
According to her, it was wrong for the officers to employ all that force on her family, as it did not employ any danger.
The case will be heard on November 5.