The Director of Public Prosecutions (DPP) has opted to proceed with an earlier criminal case involving abduction and related offences against 15 former Special Service Unit (SSU) officers, after withdrawing murder charges previously filed against them in the High Court.
In a statement issued on Monday, the Office of the Director of Public Prosecutions (ODPP) confirmed that the murder case before the High Court in Kiambu has been discontinued through a nolle prosequi.
The officers will, however, continue to face prosecution at the Kahawa Law Courts over the disappearance of two Indian nationals and their Kenyan driver in July 2022.
"The DPP will therefore proceed with the criminal case currently pending before the Kahawa Law Courts, where the accused persons continue to face multiple charges arising from the alleged abduction and related offences," the ODPP said.
The 15 officers were initially charged in October 2023 with offences including abduction, torture, conspiracy and forgery, linked to the disappearance of Indian nationals Mohamed Zaid Sami Kidwai and Zulfiqar Ahmed Khan, alongside their driver, Nicodemus Mwania Mwange.
In June 2024, prosecutors reviewed the case and concluded that additional evidence suggested the three missing men may have been murdered. This led to separate murder charges being filed before the High Court in Kiambu.
The DPP later moved to have all charges consolidated and heard together in the High Court. However, the court dismissed the application on May 30, 2026, prompting a reassessment of the prosecution strategy.
Following that ruling and a review of the available evidence, the DPP decided to discontinue the murder proceedings and focus on the case already active before the Kahawa Law Courts.
The ODPP stressed that the withdrawal of the murder charges does not amount to an acquittal of the accused officers.
"The discontinuation of the murder charge does not amount to an acquittal of the accused persons," the ODPP stated, adding that fresh proceedings could still be instituted if warranted.
The officers on trial include John Macharia Wanjiru, Peter Muthee Gachiko, James Kibosek Tanki, Joseph Mbugua Kamau, Simon Muhuga Gikonyo, David Chepching Kipsoi, Stephen Luseno Matunda, John Mwangi Kamau, Paul Njogu Muriithi, Hilary Kipchumba, Fredrick Thuku Kamau, Joseph Mwenda Mbaya, Boniface Otieno Mtula, Elikana Njeru Mugendi and Michael Kiplangat Bett.
Defence lawyer Danstan Omari welcomed the withdrawal of the murder charges, saying the officers had faced prolonged legal proceedings since 2022.
"What we told the State from day one is now evident as they have withdrawn the charges," Omari told the court.
The matter now returns to the Kahawa Law Courts, where the former SSU officers will continue to answer to allegations tied to one of Kenya’s most closely watched enforced disappearance cases.
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