Kiambu High Court has 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.
Prosecuting Lady Justice Abigael Mshila ruled that their petition lacked merit and failed to meet the required legal threshold alowing the DPP to proceed with murder charges againist them.
The pettiton filed in July 2024 had sought to stop the Dpp from persecuting the officers claiming abuse of office and a violation of article 157 (11) of the constitution, which mandates the DPP to exercise prosecutorial descretion without improper influence.
The officers also wanted the court quash the decisison to prosecute and bar any future attempt to revive the case.
But the DPP represented by a team of five prosecutors; Everlyn Onunga, Augustine Gacharia, Allen Mulama, Kennedy Amwayi and James Machirah opposed the petition.
They argued that the DPP’s decision was baised on evidence gathered from through investigation and was well within the constitutional and legal framework of article 157.
Lady Justice Mshila further stated that the Respondent (DPP) can either discontinue the charges before the lower court, either through a Nolle prosequi or under Section 87A of the CPC.
Those charged include Chief Inspector Peter Muthee Gachiko , Inspector James Kibosek ,
Corporals include;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 John Wanjiku Macharia and KWS Michael Kiplangat .
All of whom were 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.
