The Director of Public Prosecutions (DPP) Renson Ingonga has explained only one charge of murder was dropped against 13 police officers linked to the suspected killing of two Indian nationals and their Kenyan driver.
He said the charges of abduction will remain.
“We dropped the murder charges because of an earlier order issued by the court demanding we either go with it or abduction.”
“We belief we have a strong case of abduction against the accused persons. We will withdraw the appeal at the court of appeal and proceed with the abduction charges,” he explained.
This settled earlier speculations all the charges had been dropped.
The decision was filed before the High Court in Kiambu in Criminal Case No. E0l9 of 2024, where the officers had been facing charges of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The accused include officers drawn from the Special Service Unit (SSU), the Directorate of Criminal Investigations (DCI), the National Intelligence Service (NIS), and the Kenya Wildlife Service (KWS).
Those affected by the withdrawal of charges are: John Macharia Wanjiru (1st accused), Peter Muthee Gachiko, James Kibosek Tanki, Joseph Mbugua Kamau, Simon Muhuga Gikonya, David Chepching Kipsoi, Stephen Luseno Matunda, John Mwangi Kamau, Paul Njogu Muriithi, Hillary Kipchumba, Frederick Thuku Kamau, Joseph Mwenda Mbaya, Boniface Otieno Mtulia, Elikana Njeru Mugendi, and Michael Kipiangat Bett.
In the formal notice signed by Senior Assistant Director of Public Prosecutions Gikui Gichuhi on behalf of the DPP, the State confirmed the decision to discontinue proceedings under Article 157(6) of the Constitution and Sections 82 and 83 of the Criminal Procedure Code.
“In exercise of the powers conferred on the Director of Public Prosecutions… I hereby enter nolle prosequi and inform this Honourable Court that the Republic intends that proceedings against the accused persons shall not continue henceforth,” the notice reads in part.
The DPP informed the court that the Republic would no longer continue with the prosecution of the accused officers.
However, the withdrawal of the charges does not amount to an acquittal, leaving open the possibility that the State could revive the case in future should fresh evidence emerge.
The case attracted widespread public attention after the three victims disappeared under mysterious circumstances in 2022, with investigations later confirming that they had been killed.
The case, which has been in court for two ears involves allegations surrounding the disappearance and suspected murder of two Indian nationals and their Kenyan taxi driver, an incident that triggered widespread concern over alleged enforced disappearances and accountability within security agencies.
This is the second time the DPP has dropped the case, having previously withdrawn similar charges at the Kahawa Magistrate’s Court before the matter was later revived at the High Court level.
However, the Office of the DPP maintains that the decision is guided strictly by law and evidence threshold considerations, and not external influence.
Families of the victims have previously expressed frustration over delays and shifting prosecutorial decisions, calling for clarity and accountability in the handling of the case.
Defence lawyer Danstan Omari criticised the handling of the case, arguing that the officers had endured prolonged violations of their constitutional rights.
Omari told the court that the accused had remained entangled in the criminal justice system for years despite what he described as weak grounds for prosecution.
“This is yet another case where accused persons have remained incarcerated since 2022. Their constitutional rights have been violated repeatedly,” Omari said.
He further argued that the officers were initially detained for more than 45 days through miscellaneous court proceedings before being released on bond, only to face rearrest and fresh charges later at the Kahawa Law Courts.
According to the defence, the prolonged prosecution subjected the officers to unfair treatment and reputational damage.
Omari maintained that the State had aggressively pursued the officers despite concerns raised by the defence from the beginning of the case.
“What we told the State from day one has now become clear after the withdrawal of the charges,” he said.
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