Ex-NIS, DCI officers charged with murder of Kenyan, two Indians released on bail

Indians Zulfiqar Ahmad Khan one of the two missing Indians who were part of the Kenya Kwanza digital campaign team. [Courtesy, Standard]

Fifteen former state agents accused of killing two Indian nationals and a Kenyan taxi driver in July 2022 have been released on bail by a Kiambu court.

Justice Francis Rayola granted each accused Sh1 million bail or Sh3 million bond with a surety of the same amount, saying the prosecution failed to justify their continued detention.

"Having considered all the material placed before me and the pre-bail reports, I find that the allegations against the accused do not amount to compelling reasons to deny them admission to bond or bail," said Rayola.

Thirteen of the accused are from the disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI), one from the National Intelligence Service (NIS), and one from the Kenya Wildlife Service (KWS).

They deny murdering Indians Zulfiqar Khan and Sami Zaid Kidwai and Kenyan driver Nicodemus Mwania.

The Office of the Director of Public Prosecutions (ODPP) says the three were abducted and killed on July 22, 2022, while traveling to the Ole Sereni hotel after visiting an entertainment venue in Westlands.

Khan and Kidwai were in Kenya as tourists and expected to join President William Ruto's election team as IT experts ahead of the 2022 General Election.

Rayola ordered the accused to surrender passports, barred travel outside Kiambu County without court permission, and said those without passports must swear affidavits confirming they do not possess one.

"The accused will all attend when required without fail," said Rayola, adding, "They must not contact witnesses directly or through proxies. Any violation of bail terms will lead to cancellation of bond and re-arrest."

The accused are represented by lawyers Clinton Mwale, Steve Ogolla, Danstan Omari, and Wandugi Karathe.

They were initially charged with abduction at Kahawa Magistrate's Court before ODPP Director Renson Ingonga upgraded the charges to murder at Kiambu High Court.

A constitutional petition by accused John Wanjiku Macharia challenging dual charges was dismissed by Justice Abigal Mshila, who directed the abduction case be dropped in favor of the murder trial.