Court grants bail to SSU officers linked to kidnapping and killing of two foreigners, Kenyan driver

The High Court in Kiambu has granted Sh1 million cash bail to 15 officers of the disbanded Special Service Unit (SSU), accused of abducting and murdering two foreign nationals and their Kenyan driver.

On Monday, Justice Francis Rayola released the officers, ruling that the prosecution had failed to establish compelling reasons to continue holding them in custody.

The judge also offered an alternative: a Sh3 million bond each with a surety of the same amount.

Justice Rayola noted that while the allegations against the accused were grave, the Constitution guarantees bail unless the prosecution proves compelling reasons to deny it.

He cited the Court of Appeal’s position, saying: "Ultimately and inevitably, we were not convinced that the two courts below erred in finding that there were no compelling reasons for denying the respondents release on bond or bail."

Surrender passports

The court ordered all accused persons to surrender their passports. Those without passports must swear affidavits confirming this.

"They are barred from leaving the court's jurisdiction without permission and must attend court whenever required. The accused must not contact, interfere with, or intimidate witnesses in the case," the judge ruled.

He further warned that breaching these conditions would result in bail cancellation, with the accused remanded for the rest of the trial.

Previously, the Director of Public Prosecutions (DPP) had urged the court to deny bond, citing national security concerns, risk of witness interference, and the serious nature of the crimes.

In an affidavit, Superintendent Michael Kirui alleged that the accused—including SSU officers, National Intelligence Service (NIS) personnel, and Kenya Wildlife Service (KWS) officers—were part of a covert multi-agency operation that led to the disappearance and suspected murder of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan, and their driver, Nicodemus Mwania Mwange.

The three were last seen near the Southern Bypass interchange at Ole Sereni Hotel on the night of July 22–23, 2022, and remain missing.

Kirui explained that investigations were delayed by what he described as a “sphere of influence” wielded by the accused, which hampered evidence collection and put witnesses and investigators at risk. He noted that the victims’ bodies have not been recovered in more than 1,100 days, denying their families closure and the dignity of a proper burial.

Crimes against humanity

"This is not just a case of murder—it constitutes crimes against humanity and enforced disappearance," Kirui stated, citing Kenya’s obligations under the International Crimes Act and the UN Convention on Enforced Disappearances.

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• Mohamed Zaid Sami Kidwai
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• High Court Kiambu
• Court grants bail to SSU officers linked to kidnapping and killing of two foreigners
• Kenyan driver

The prosecution further argued that the accused have continued to employ surveillance and intimidation tactics similar to those used against the victims. Investigators reported being followed, threatened, and warned that their families were being monitored.

Kirui alleged that when the suspects were first brought to Kahawa Law Courts in December 2022, they directly confronted investigators, telling them they would “pay” if charges proceeded. He said these threats later turned into real-world surveillance and stalking of key officers.

Active security positions

He also claimed that some of the accused still hold active security positions, with access to government-issued stores, uniforms, and certificates of appointment—raising fears they could impersonate officers and obstruct justice.

The affidavit further described virtual strategy meetings, some allegedly held from Pangani Police Station, in which the accused sought to derail investigations by enlisting sympathetic police and intelligence officers.

According to the state, the accused have strong incentives to abscond due to the seriousness of the charges and possible capital punishment. Prosecutors also warned that, given their training, rank, and influence, the officers pose a grave threat to witnesses and could compromise judicial proceedings if released.

The disappearance of Zaid, Zulfiqar, and their driver sparked national and international outrage, heightening pressure on the government over rising cases of extrajudicial killings and enforced disappearances linked to rogue security officers.

The SSU was disbanded in 2022 following revelations of widespread abuse and covert operations against civilians.