The Director of Public Prosecutions (DPP) has filed 17 new charges against 15 officers attached to the Directorate of Criminal Investigations (DCI) and the National Intelligence Service (NIS) over the alleged kidnapping of two Indian nationals and their Kenyan driver in 2022.
In a statement on Thursday, August 27, the Office Director of Public Prosecutions (ODPP) said the suspects are scheduled to appear before the Kahawa Law Courts on September 7 to take plea.
According to the ODPP, the suspects are Peter Gachiku, James Tanki, Joseph Mbugua, David Kipsoi, Joseph Mbaya, John Kamau, and Hillary Kipchumba.
Others are Stephen Matunda, Simon Gikonyo, Paul Muriithi, Bonface Mtulia, Elikana Mugendi, Fredrick Kamau, John Mavhari and Michael Bett.
The DPP said the suspects will face several charges arising from the alleged incident, including kidnapping, conspiracy and cruel or degrading treatment.
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"The suspects will face charges including kidnapping with intent to murder, contrary to Section 258 of the Penal Code; conspiracy to commit a felony, contrary to Section 393 of the Penal Code; and subjecting a person to cruel, inhuman or degrading treatment, contrary to Section 51(3) of the National Intelligence Service Act, No. 28 of 2012," the statement read.
The ODPP further said the new case includes allegations involving forgery and different forms of cruel, inhuman and degrading treatment.
"They will also face charges relating to forgery, committing cruel, inhuman and degrading treatment, and cooperating in the execution of cruel, inhuman and degrading treatment," the statement added.
According to the prosecution, the alleged incident occurred on July 22, 2022, in Nairobi County, when the suspects allegedly used four motor vehicles to follow and intercept a vehicle carrying two Indian nationals, Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan, and their Kenyan driver, Nicodemus Mwania Mwange.
The prosecution told the court that the suspects were accompanied by other individuals whose identities have not yet been disclosed when they allegedly trailed and intercepted the vehicle.
The ODPP said the decision to file the fresh charges followed the termination of earlier murder proceedings against the suspects by the High Court, allowing prosecutors to pursue a new case based on the evidence available.
"The new charges were filed after the High Court terminated the earlier murder proceedings against the accused persons, paving the way for the prosecution to institute fresh charges based on the available evidence," the statement concluded.
Elsewhere, the High Court in Nairobi has granted four suspects accused of murdering psychiatrist Dr Victoria Nthunya Mutiso 14 days to undergo mental assessment before they are required to take plea in the case.
In a statement on Thursday, August 27, the ODPP confirmed that the suspects are politician Rose Mbithe, her daughter Angela Mulwa, her son Chris Mulwa and Police Constable Elijah Kibelion Kimoi.
The DPP approved murder charges against the four following the conclusion of preliminary investigations by the Directorate of Criminal Investigations (DCI) into Mutiso’s death.
According to the ODPP, the court order requires the suspects to undergo mental assessment before the plea-taking stage.
"The court order allows the suspects to undergo mental assessment before they are required to take plea in the murder case as per the law," the statement read.
The ODPP said the court has also issued directions on where the four suspects will be held as they await the next stage of the proceedings.
"Further, the court has directed that Chris Mulwa and Police Constable Kibelion be remanded at the Nairobi Remand, while Mbithe and her daughter Angela will be held at Langata Women’s Prison," the statement added.
The case will be mentioned before Justice Alexander Muteti on September 23 when the four suspects are expected to take plea.
