Faith Masita
The Office of the Director of Public Prosecutions (DPP) has withdrawn murder charges against 15 police officers who had been accused in the killing of two Indian nationals and their Kenyan driver, ending one of Kenya’s most closely followed criminal cases.
DPP Terminates Prosecution Against 15 Officers.
The charges were formally dropped before the High Court in Kiambu after the prosecution entered a nolle prosequi, a legal notice indicating that the State would no longer pursue the case against the accused officers.
The officers, many of whom were attached to the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI), had been charged in connection with the disappearance and subsequent killing of the three victims in July 2022.
Those discharged are 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.
In court documents, the prosecution cited Article 157(6) of the Constitution and Sections 82 and 83 of the Criminal Procedure Code as the legal basis for discontinuing the proceedings.
The DPP informed the court that the Republic would no longer continue with the prosecution of the accused officers.
However, the withdrawal does not amount to an acquittal, meaning the State retains the option of reinstating the case in future should new evidence emerge.
The case drew national attention after the three victims disappeared under mysterious circumstances in 2022. Subsequent investigations later established that they had been killed.
Following the withdrawal of the charges, defence lawyer Danstan Omari criticised the handling of the case, arguing that the officers had suffered prolonged violations of their constitutional rights.
Omari told the court that the accused had remained entangled in the criminal justice system for years despite what he described as insufficient grounds for prosecution.
“This is yet another case where accused persons have remained incarcerated since 2022. Their constitutional rights have been violated repeatedly,” Omari said.
He further argued that the officers were initially detained for more than 45 days through miscellaneous court proceedings before being released on bond, only to be rearrested and charged afresh at the Kahawa Law Courts.
According to the defence, the lengthy prosecution subjected the officers to unfair treatment and reputational harm.
Omari maintained that the State had aggressively pursued the officers despite concerns raised by the defence from the outset of the case.
“What we told the State from day one has now become clear after the withdrawal of the charges,” he said.
