The High Court in Kiambu has dismissed a petition filed by 15 security officers seeking to block their prosecution in the murder of two Indian nationals and a Kenyan, paving the way for the case to proceed.
The petitioners, comprising 13 police officers, one National Intelligence Service (NIS) officer, and a Kenya Wildlife Service (KWS) warden, had urged the court to bar the Office of the Director of Public Prosecutions (ODPP) from charging them, citing alleged abuse of power and a violation of Article 157(11) of the Constitution, which governs the exercise of prosecutorial discretion.
However, Lady Justice Abigael Mshila ruled that the application failed to meet the legal threshold and dismissed it, stating that the DPP retains the constitutional mandate to prosecute and may discontinue a case through proper legal procedures, including withdrawal or under Section 87A of the Criminal Procedure Code.
According to the ODPP, the petitioners had also sought to quash the DPP’s decision to prosecute them and to bar any future charges related to the same matter, a request the court found unmerited.
The officers are accused of murdering Indian nationals Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan, along with Kenyan national Nicodemus Mwania Mwange, on the night of July 22–23, 2022, near Ole Sereni Hotel along Mombasa Road, Nairobi. The victims were reportedly abducted and later killed in a case that sparked national and international concern.
The accused include members of the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI). They face multiple charges including murder, abduction with intent to murder, conspiracy to commit a felony, cruel and inhuman treatment, and forgery of official documents, some of which are being heard at the Kahawa Law Courts.
Among those charged are Chief Inspector Peter Muthee Gachiko, Inspector James Kibosek, Corporals Joseph Kamau Mbugua, David Chepchieng, Joseph Mwenda, John Mwangi, and Hillary Limo; Constables Stephen Luseno, Simon Muhuga, Paul Njogu, Boniface Otieno, Elkana Njeru, and Fredrick Thuku; NIS officer John Wanjiku Macharia; and KWS warden Michael Kiplangat.
The accused have pleaded not guilty, and the case is expected to proceed in the coming weeks.
Written By Rodney Mbua
