Court orders DPP to drop abduction charges against SSU officers

The Director of Public Prosecutions (DPP), Renson Ingonga has been ordered by the High Court to terminate abduction charges against 13 SSU police officers, a National Intelligence Service (NIS) officer, and a Kenya Wildlife Service (KWS) officer linked to the mysterious disappearance of two Indian nationals and a Kenyan.

In a ruling delivered by Justice Abigael Mshila on Friday, the DPP was ordered to withdraw the abduction charges against the 15 officers, most of whom were attached to the disbanded SSU, within 21 days.

This followed Justice Mshila’s dismissal of an application by the DPP to consolidate a separate murder case with the pending abduction proceedings before the Kahawa Law Courts.

At the same time, the court allowed the officers to face murder charges in connection with the disappearance of the three individuals.

Justice Mshila ruled that the petition did not meet the required threshold and accordingly dismissed it.

In July last year, the petitioners (15 officers) had sought to block 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 also sought to have the DPP’s decision quashed and to bar any future prosecution in the same matter.

The DPP, through prosecutor Everlyn Onunga, opposed the application, arguing that the Office of the DPP is constitutionally mandated under Article 157 to make prosecutorial decisions based on evidence and investigations.

The petitioners, she argued, had not demonstrated any violation of the Constitution by the ODPP.

Justice Mshila further noted that the DPP may discontinue the charges before the lower court either through a nolle prosequi or under Section 87A of the Criminal Procedure Code.

In a surprising development immediately after the ruling, Justice Mshila disqualified herself from further handling the matter, stating she did not want to be accused of bias. 

She consequently directed that the matter of bail and bond be transferred to Justice Olel for directions on July 21, 2025, with the ruling to be delivered on notice.

This followed a plea by the officers whose bail was cancelled over a year ago, asking the High Court to release them on bail pending the hearing and determination of the case.

However, the DPP has opposed their release on bond or bail pending trial in the murder case.

The officers charged include Peter Muthee Gachiko (Chief Inspector), James Kibosek (Inspector), Joseph Kamau Mbugua, David Chepchieng, Joseph Mwenda, John Mwangi, and Hillary Limo (Corporals); Stephen Luseno, Simon Muhuga, Paul Njogu, Boniface Otieno, Elkana Njeru, and Fredrick Thuku (Constables); John Wanjiku Macharia (NIS); and Michael Kiplangat (KWS).

They are charged with the murder of Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan (Indian nationals), and Nicodemus Mwania Mwange (a Kenyan), allegedly committed on the night of July 22 and 23, 2022, near Ole Sereni Hotel, Mombasa Road, Nairobi County.

The accused pleaded not guilty before Lady Justice Mshila.

In addition, they face charges at the Kahawa Law Courts including abduction with intent to murder, conspiracy to commit a felony, subjecting persons to cruel, inhuman, and degrading treatment, and forgery of official documents.

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).