The High Court in Kiambu dismissed a petition filed by 13 police officers, a National Intelligence Service (NIS) officer, and a Kenya Wildlife Service (KWS) warden seeking to stop the Director of Public Prosecutions (DPP) from prosecuting them in a murder case of two Indian nationals and a Kenyan.
Lady Justice Abigael Mshila ruled that the petition did not meet the required threshold and accordingly dismissed it.
In July 2024, the petitioners (15 police officers) had sought to stop 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 further sought to have the DPP’s decision to charge them quashed and to bar any future prosecution on the same matter.
Prosecutors Everlyn Onunga, Augustine Gacharia, Allen Mulama, Kennedy Amwayi and James Machirah opposed the petition.
The DPP argued that his office is constitutionally mandated under Article 157 to make decisions on prosecution based on evidence and investigations, and the petitioners had not demonstrated any violation of the Constitution by the ODPP.
Justice Mshila further stated that the DPP can either discontinue the charges before the lower court, either through a Nolle prosequi or under Section 87A of the CPC.
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), which allegedly occurred on the night of 22nd–23rd July 2022 near Ole Sereni Hotel, Mombasa Road, Nairobi County.
The accused pleaded not guilty before Lady Justice Mshila.
They also face additional 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).
The matter of bail and bond was transferred to Justice Olel for directions on July 21, 2025, with the ruling to be delivered on notice.
The DPP had opposed the release of accused persons on bond or bail.
The Indians had come to Kenya to work for then Deputy President and now president William Ruto.
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