Court terminates abduction case against 15 police officers linked to murders of two Indian nationals, Kenyan taxi driver

A Kahawa Law Court has terminated the abduction case against 15 Special Services Unit (SSU) officers linked to the abduction and disappearance of two Indians and a taxi driver in 2022.

In a ruling delivered by Principal Magistrate Gideon Kiage, the case was terminated following a High Court order so that the murder case may proceed.

The 15 are facing murder charges before the High Court, similar to the abduction case at Kahawa Court.

Magistrate Kiage complied with the High Court's decision by closing the case.

"The matter before this court is hereby terminated under Section 87A of CPC," Magistrate Kiage ruled.

The Kiambu High Court had issued an order asking the Director of Public Prosecutions to terminate the case under Section 87(A).

The DPP, however, failed to honour the directive, causing the case to stall four times.

The prosecution had opposed the closure, saying there was no order from the High Court.

The officers are represented by lawyers Clinton Mwale, Danstan Omari, among others.

The officers who are attached to National Security Agencies were jointly charged with 17 counts related to events surrounding the alleged abduction and disappearance of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan, and their driver, Nicodemus Mwania Mwange, on the night of July 22 and 23 in 2022.

They took a plea on October 17, 2023, and denied all charges.

A month later, the trial Court ordered their release, on a bond of Sh3 million or in the alternative, a cash bail of Sh1 million with one contact person.

In May 2025, the High Court, in a ruling by Justice Abigael Mshila, ordered the DPP to terminate abduction charges against 13 SSU police officers, one National Intelligence Service (NIS) officer, and one Kenya Wildlife Service (KWS) officer.

The Court of Appeal previously rejected an appeal by the DPP to cancel bail for the SSU officers, citing the need to protect witnesses and evidence against interference.

They argued that there is a possibility of the accused persons interfering with prosecution witnesses.

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"The need to protect the witnesses and evidence against interference takes precedence over the Respondent's right to bail," they told the court.