The court has granted the prosecution plea to detain eight police officers formerly attached to the defunct Special Service Unit (SSU) domiciled under the Directorate of Criminal Investigations (DCI) for 21 days pending completion of investigations.
Kahawa Law Court Chief magistrate Diana Kavedza Mochache ordered the eight officers who are facing serious allegations should continue being detained at various police stations within Nairobi county until December 1, 2022.
They are being linked to the alleged abduction and suspected killing of two Indians Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan and their driver Nicodemus Mwania Mwange who are said to have been abducted near Ole Sereni and driven away in an unmarked in July this year.
Those detained are Peter Gachiku, John Kamau, Joseph Mbugua, Joseph Mbaya, David Kipsoi, Stephen Mutunda, Paul Muriithi and Simon Gikonyo.
However, the court ordered officer Francis Muendo Ndonye to be released on a cash bail of Sh500,000 pending the probe on condition that he should be visiting the investigation officer when required and not travel out of Nairobi county.
Ndonye was released after his lawyer Clinton Mwale Litwaji filed affidavits showing that on the night of July 22 and July 23 when the offences are alleged to have been committed he was far away from the scene of the crimes and his handwriting was forged.
The court agreed with him that the officers did not need 30 days to investigate handwriting which the court indeed found to be different.
“Owing to the complex and multi-faceted nature of investigations, l hold the view that the applicants have demonstrated probable cause necessitating the continued detention of the eight officers.” The magistrate said.
The nine officers are being investigated after being linked to the forceful disappearance of Said and Zulfiqar who are alleged to have travelled to Kenya during the election period and were working with a digital media team allied to President William Ruto.
While allowing the request by the Internal Affairs Unit (IAU), the court concurred with the unit that the investigations are complex, gradual and labour-intensive as they involve the extraction of mobile data, call data, DNA testing and further that the investigations will take a multi-agency approach including Mutual Legal Assistant through the government of India.
