The High Court in Kiambu has dismissed a petition by 15 security officers, including 13 police officers, a National Intelligence Service (NIS) officer, and a Kenya Wildlife Service (KWS) warden, seeking to block their prosecution for the murders of two Indian nationals and a Kenyan citizen.
In a statement on Friday, May 30, the Office of the Director of Public Prosecutions (ODPP) said the officers had petitioned the court in July 2024 to stop the DPP from charging them with the murders.
However, Lady Justice Abigael Mshila dismissed the petition, stating it failed to meet the legal threshold.
“In July, the petitioners (15 police officers) had sought to stop the DPP from charging them with the murder of two Indian nationals and a Kenyan, citing abuse of power and violation of Article 157(11) of the Constitution.
"They further sought to have the DPP’s decision to charge them quashed and to bar any future prosecution on the same matter," the statement read.
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Justice Mshila emphasized that the DPP retains prosecutorial discretion and may opt to discontinue charges if deemed appropriate.
"Lady Justice Mshila further stated that the Respondent (DPP) can either discontinue the charges before the lower court, either through a Nolle prosequi or under Section 87A of the CPC," the ODPP noted.
The victims, Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan, both Indian nationals, and Nicodemus Mwania Mwange, a Kenyan, disappeared on the night of July 22–23, 2022, near the Ole Sereni Hotel along Mombasa Road, Nairobi County.
The accused, who pleaded not guilty, face multiple charges beyond murder.
These include abduction with intent to murder, conspiracy to commit a felony, subjecting persons to cruel, inhuman, and degrading treatment and forgery of official documents.
Among those charged are Chief Inspector Peter Muthee Gachiko, Inspector James Kibosek, corporals and constables affiliated with the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI), as well as an NIS and KWS officer.
"At the time of the alleged offences, the accused were serving in various security agencies, with the police officers attached to the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI),” the ODPP noted.
