15 security officers seek to quash murder charges in case involving disappearance of Indians
Lawyer Mwale stated that there is no forensic proof, death certificates, or public notices such as obituaries or burial announcements to confirm the deaths.
Fifteen security officers, including former Special Service Unit (SSU) detectives, have taken their battle to the Kiambu High Court, seeking to have their murder charges thrown out.
They argue that the case against them is baseless, as the prosecution has failed to provide any evidence proving the alleged victims are dead.
The officers, drawn from the Directorate of Criminal Investigations (DCI), Kenya Wildlife Service (KWS), and National Intelligence Service (NIS), claim the Director of Public Prosecutions (DPP) is pursuing a flawed case without tangible proof.
Inspector John Macharia, one of the accused officers, has filed a petition before Justice Abigail Mshila, requesting the court to bar the DPP from proceeding with the murder charges against them.
The officers were initially charged with abduction and disappearance of two Indian nationals, Zulfiqar Khan and Sami Zaid Kidwai, along with their Kenyan taxi driver, Nicodemus Mwania, before the charges were upgraded to murder at Kahawa Law Courts.
The suspects in the case include Peter Muthee, James Kiboseck, Joseph Mbugua, Simon Muhuga, David Kipsoi, Stephen Matunda, John Mwangi, Paul Njogu, Hillary Kipchumba, Redrick Thuku, Joseph Mwenda, Boniface Otieno, Elikana Njeru (NIS), and Michael Bett (KWS).
The three alleged victims were reportedly abducted on July 22, 2022, along Mombasa Road while heading to rest after a night out in Westlands.
Represented by lawyers Steve Ogolla, Clinton Mwale, Danstan Omari, and Wandugi Karathe, the officers contend that a murder charge can only be sustained with direct or circumstantial evidence, which they argue the DPP has not provided.
Lawyer Mwale stated that there is no forensic proof, death certificates, or public notices such as obituaries or burial announcements to confirm the deaths.“The prosecution has not produced an internal memo supporting the decision to prefer a murder charge, nor has any forensic evidence been presented to confirm the deaths,” Mwale argued.
He further questioned why two concurrent case files exist in both the Kahawa Magistrates’ Court and the Kiambu High Court, terming it an abuse of discretion to charge.
Additionally, the lawyers emphasised that the case initially involved missing persons, and that the investigation into their disappearance remains open.
They pointed out inconsistencies in the DPP’s case, noting that in an earlier charge sheet at Kamiti Magistrate’s Court, the prosecution alleged that Khan, Kidwai, and Mwania were picked up from Mombasa Road and killed in Aberdare Forest.
However, the new murder charge now claims they were killed along Mombasa Road.
The petitioners maintain that the DPP’s decision to charge them with murder lacks a legal basis and is procedurally flawed.
They argue that unless the prosecution presents concrete evidence proving the deaths of the three individuals, the case should be dismissed to prevent a miscarriage of justice
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