The High Court in Kiambu has dismissed a petition filed by 15 security officers seeking to stop their prosecution over the murder of two Indian nationals and a Kenyan. The officers, including 13 from the National Police Service, a National Intelligence Service (NIS) agent, and a Kenya Wildlife Service (KWS) warden, are accused of being involved in the deaths of Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan Indian nationals and Nicodemus Mwania Mwange, a Kenyan.
The trio disappeared on the night of July 22–23, 2022, near Ole Sereni Hotel along Mombasa Road, Nairobi. Their bodies were later discovered in what authorities allege was a case of extrajudicial killings.
In their petition, the officers sought to bar the Director of Public Prosecutions (DPP) from proceeding with charges against them, citing abuse of power and violation of Article 157(11) of the Constitution, which mandates that the DPP consider public interest and the administration of justice before initiating prosecutions. They also sought to have the charges quashed and to prevent any future attempts to charge them in connection with the case.
However, in a ruling delivered by Lady Justice Abigael Mshila, the court found that the petition did not meet the legal threshold to halt the prosecutions. She ruled that the DPP acted within the bounds of the law and retained the discretion to either withdraw the charges or discontinue the case under Section 87A of the Criminal Procedure Code.
The accused officers were part of the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI). They face several charges, including murder, abduction with intent to murder, conspiracy to commit a felony, inhuman treatment, and forgery of official documents.
Those charged include Chief Inspector Peter Muthee Gachiko, Inspector James Kibosek, and several constables and corporals. Also among the accused are NIS officer John Wanjiku Macharia and KWS warden Michael Kiplangat. All have pleaded not guilty.
The ruling marks a significant moment in Kenya’s efforts to tackle extrajudicial killings and police impunity. The case will now proceed before the High Court and the Kahawa Law Courts.
