A court has temporarily halted plea-taking for 15 former Special Service Unit officers facing fresh charges linked to the 2022 disappearance of two Indian nationals and their Kenyan taxi driver.
The Kahawa Law Courts directed prosecutors to establish the status of related proceedings and appeals before the new criminal case can move forward.
The decision adds another legal turn to a case that has remained unresolved for more than four years.
The two Indian nationals, Zulfiqar Ahmad Khan and Mohamed Zaid Sami Kidwai, disappeared alongside Kenyan taxi driver Nicodemus Mwania in July 2022.
The foreigners had travelled to Kenya ahead of the 2022 General Election and were reportedly involved in political campaign work.
Their disappearance generated national and international attention.
Fifteen security officers were subsequently implicated in investigations surrounding the case.
The officers previously faced murder charges before the High Court, but prosecutors withdrew those proceedings in June.
The Director of Public Prosecutions then moved to pursue earlier allegations involving abduction and other offences.
The fresh case contains multiple counts, including allegations relating to kidnapping with intent to murder, conspiracy to commit a felony and cruel, inhuman or degrading treatment.
The accused officers have contested the prosecution’s approach.
Their lawyers have raised questions over the existence of multiple proceedings and the effect of previous court orders on the latest attempt to prosecute them.
The Kahawa court has now determined that those questions need to be clarified before plea-taking proceeds.
Prosecutors were directed to establish the current position of related cases and appeals that have previously reached higher courts.
The latest decision does not amount to an acquittal and does not terminate the new case.
Instead, it pauses the proceedings while the court determines how earlier judicial decisions affect the charges currently before it.
The case remains sensitive because it involves allegations against officers who served in the now-disbanded Special Service Unit.
The unit was dissolved following controversy over allegations of enforced disappearances and other abuses.
The three missing men have not been publicly accounted for.
Their disappearance therefore remains at the heart of the proceedings even as lawyers continue contesting the appropriate charges and judicial forum.
The next phase will depend on information presented by prosecutors regarding the related cases.
Until then, the 15 former officers will not be required to enter pleas to the fresh charges.
Category: Crime & Justice
Related Video: Gachagua’s explosive Ruto scorecard: Debt, taxes, State capture and a government ‘that has failed’
Facebook
Twitter / X
WhatsApp
LinkedIn
Telegram
Reddit