By Dorothy Musyoka
Kiambu high court has dismissed a petition by 15 security officers seeking to block their prosecution in the murder case of two Indian nationals and a Kenyan, ruling that their application failed to meet the constitutional threshold.
In a ruling delivered by Lady Justice Abigael Mshila, the court found no legal basis to halt the criminal proceedings initiated by the Director of Public Prosecutions (DPP).
The petitioners 13 police officers, an officer from the National Intelligence Service (NIS), and a Kenya Wildlife Service (KWS) warden had argued that the DPP’s decision to charge them was a misuse of power and a violation of their rights under Article 157(11) of the Constitution.
“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),” noted the ODPP.
The DPP, through a team of prosecutors including Everlyn Onunga, Augustine Gacharia, Allen Mulama, Kennedy Amwayi, and James Machirah, strongly opposed the application.
They maintained that the DPP is constitutionally mandated to institute criminal proceedings where sufficient evidence exists and that the petitioners had not demonstrated any breach of constitutional rights by the Office of the Director of Public Prosecutions (ODPP).
Justice Mshila upheld the DPP’s arguments, stating that the Constitution and the Criminal Procedure Code (CPC) provide the DPP with clear discretion to continue or discontinue prosecutions, including through mechanisms such as nolle prosequi or under Section 87A of the CPC.
The officers are charged with the murder of Indian nationals Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan, as well as Kenyan national Nicodemus Mwania Mwange, on the night of July 22nd–23rd, 2022, near Ole Sereni Hotel in Nairobi County.
At the time of the alleged offence, most of the officers were serving with the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI).
In addition to the murder charges, the accused face multiple 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.
The accused pleaded not guilty before Lady Justice Mshila. Their bail and bond application has been referred to Justice Olel, with a ruling expected on notice.
The DPP has opposed their release on bond, citing the seriousness of the charges and public interest.