The High Court in Kiambu has dismissed a petition by 15 security officers, including 13 police officers, a National Intelligence Service (NIS) officer, and a Kenya Wildlife Service (KWS) warden, seeking to block their prosecution in the murder of two Indian nationals and a Kenyan.
In a statement, the Office of the Director of Prosecutions (ODPP) said the officers had petitioned the court to stop the DPP from charging them with the murders citing abuse of power and violation of Article 157(11) of the Constitution.
However, Lady Justice Abigael Mshila ruled that the petition failed to meet the required legal threshold and dismissed it.
“In July, 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,” the ODPP stated.
Justice Mshila noted that the DPP may discontinue the case before the lower court either by formally withdrawing the charges or under Section 87A of the Criminal Procedure Code.
The accused, including police officers attached to the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI), face murder charges for the deaths of Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan (Indian nationals), and Nicodemus Mwania Mwange (Kenyan), allegedly killed on the night of July 22-23, 2022, near Ole Sereni Hotel, Mombasa Road, Nairobi.
They pleaded not guilty before Justice Mshila.
Additional charges at Kahawa Law Courts include abduction with intent to murder, conspiracy to commit a felony, cruel and inhuman treatment, and forgery of official documents.
The accused officers include 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 as well as NIS officer John Wanjiku Macharia and KWS warden Michael Kiplangat.
