Officers linked to Indians abduction protest delayed bail ruling

 

A section of the officers from the disbanded Special Service Unit in court over the disappearance of two Indians on October 4, 2022. [Wilberforce Okwiri, Standard]

Fifteen security officers charged with the abduction and disappearance of two Indian nationals and their Kenyan taxi driver have written to the Deputy Registrar of the Kiambu High Court demanding answers on the delayed ruling on their bail application.

In a letter dated July 16, 2024, the officers drawn from various security agencies including the now disbanded Special Services Unit (SSU) of the Directorate of Criminal Investigations (DCI), claim the High Court in Kiambu has failed to deliver a ruling on their bail application for seven months.

"We are writing to bring to your attention the prolonged delay in the ruling on the application dated November 28, 2023, filed by the prosecution challenging bail and bond terms granted to the accused persons at Kahawa Law Court CR No. E124 of 2023. Despite the application being straightforward and non-complex, it has now been pending for a ruling for over seven months. Each time the matter is listed for a ruling, it is unfortunately postponed, further extending our client's period of incarceration without trial," the letter states in part.

Through lawyer Clinton Mwale Litwaji of Mwale and Bieta Advocates, the officers are now accusing the Kiambu High Court of allegedly being used by some external forces to frustrate their release on bail since November last year.

"Our client remains incarcerated despite the principle of presumed innocence until proven guilty. This extended delay is causing significant prejudice to our client, who face mere charges with no adjudication of guilt that would justify continued confinement," Mwale states.

The officers through the lawyer want the Deputy Registrar of Kiambu High Court to intervene and compel Justice Norah Chepkwony who heard the bail application to deliver the ruling at the earliest date to ensure their fundamental rights are not further infringed upon.

"We respectfully request that a definitive and earliest date possible be set for the ruling on the application to ensure that our client's rights are upheld and justice is not unduly delayed," Mwale says.

The lawyer also expresses concern over the manner in which the matter has been handled with several postponements that not only undermine his clients' rights but also erode confidence in the judicial process.

"Our client is entitled to a fair and timely resolution of the bail and bond application, and the current delays are untenable,” Mwale states in his letter.

The officers, Peter Muthee Gachiku, James Kibosek Tanuki, Joseph Kamau Mbugua, David Chepchieng Kipsoi, Joseph Mwenda Mbaya, John Mwangi Kamau, Hillary Limo Kipchumba, Stephen Luseno Matunda, Simon Muhuga Gikonyo, Paul Njogu Muriithi, Boniface Otieno Mtulla, Elikana Njeru Mugendi, and Fredrick Thuku Kamau, were on October 27, 2022.

They were held in custody as investigations continued until they were released on personal bonds by Kahawa Law Courts on August 3, 2023, as the Internal Affairs Unit (IAU) was granted more time to complete investigations.

On October 17, 2023, they were charged before Kahawa Law Courts with abduction and conspiracy that led to the disappearance of the two Indians and their Kenyan driver and released on either a Sh3 million bond or Sh1 million cash bail.

Nine of the officers managed to pay the Sh1 million cash bail on November 10, 2023, to earn their freedom.

However, their freedom was short-lived as on November 28, 2023, the Office of the Directorate of Public Prosecutions (ODPP) rushed to the Kiambu High Court under a certificate of urgency to cancel the bonds on grounds they would interfere with witnesses. ODPP was granted the stay orders by Justice Norah Chepkwony.

The two Indian nationals who were abducted alongside their Kenyan taxi driver and killed. [File, Standard]

“It is even ironic that the stay orders were acquired ex parte, without granting our clients the opportunity to tell their side of the story,” Mwale says.

On December 5, 2023, the officers who were then enjoying freedom, were ordered to appear before Kahawa Law Courts and taken back to Kiambu prison, though their bails were not refunded.

The matter was first fixed for mention on January 6, 2024, and all the parties were asked to file their responses, and February 5, fixed for the parties to turn up before Deputy Registrar Jackline Karani.

The matter was then pushed to April 24 before Justice Chepkwony and all parties requested to file their submissions. On May 2, 2024, when the matter came up for highlighting of the submissions, the court deferred it on the grounds that it had failed to trace submissions from the ODPP and one of the accused. The court ordered all the parties to submit hard copies.

The counsel was then requested to pick another date.

Come May 16, when all the parties appeared for highlighting, the court ruled that all the submissions were on record and set June 16 for the ruling.

But when all parties turned up on June 16 for the ruling, they were told that the court could not once again trace the submissions, even those that had been submitted in hard copy.

“The matter was then left pending with no fixed date when it is likely to come up again as our clients continue languishing in prison cells,” Mwale says.

And as the court delayed bail application ruling, the ODPP approved fresh charges of murder against the 15 officers.

The Kiambu High Court has now ordered the officers to undergo a mental assessment before taking plea.

It is alleged that on the night of July 22 and 23, 2022 near Ole Sereni Hotel along Mombasa Road in Nairobi county, they murdered Indians Zulfiqar Ahmed Khan and Mohammed Zaid Sami, as well as Kenyan Nicodemus Mwania Mwange.

The Indian nationals are said to have arrived in Kenya in April 2022 to join the then Deputy President William Ruto’s ICT campaign team ahead of the August 2022 General Election.