The Director of Public Prosecution (DPP) will appeal a magistrate’s ruling to release on bail 13 DCI officers, a Kenya Wildlife Services (KWS) and National Intelligence Service (NIS) who are accused of being behind the disappearance of two Indian nationals and a Kenyan last year.
The Informer Media Group has learnt that DPP Renson Ingonga is headed to the High Court, where he will argue that the officers should remain behind bars until the forced disappearance trial is heard and determined.
His representatives, Senior Assistant DPP Michael Sang and Allan Mulama on Friday, November 10, 2023 told Kahawa Law Courts that the DPP will move, on appeal, to the High Court.
This follows last Friday’s decision by a Kiambu court to release the accused on Sh3million bail or Sh1million cash.
They were linked to the controversial disappearance of the two Indian nationals last year.
Kahawa Law Court Magistrate Gideon Kiage said there was no evidence to deny the officers bail.
Following a year of investigations Ingonga pressed 17 charges on the enforced disappearance of Mohamed Zaid Kidwai, Zulfiqar Khan, and driver Nicodemus Mwania in July last year.
Those charged were Chief Inspector Peter Muthee, Inspector James Kibosek, Corporal Joseph Kamau, Corporal David Chepchieng, Corporal Joseph Mwenda, Corporal John Mwangi, and Corporal Hillary Limo. Others include Constable Stephen Luseno, Simon Muhuga, Paul Njogu, Elikana Njeru, Boniface Otieno, Fredrick Thuku, John Wanjiku and Michael Kiplangat.
The DPP urged the court to order the 15 to be remanded as the trial proceeds citing witness interference and the weight of the charges.
However, the magistrate said the charge of enforced disappearance was not a reason to detain the officers.
He asserted that all the suspects were aware that they were being investigated over the disappearance of the three for over a year.
According to him, the officers however did not flee or try to evade the process before they were charged.
“I am not persuaded that the preferment of charges has changed the circumstances. The accused persons have been aware about the investigations and they have been aware that they were implicated,” said Kiage.
The court also threw out the DPP’s argument that the officers were likely to interfere with the witnesses.
The DPP argued that the officers had threatened the investigations team and had met in order to scuttle the case.
However, Kiage said that the claims were from third parties adding that the claims were not backed up with specific instances and evidence to prove the allegation.
“Unfortunately, I find the same is replete with allegations with third parties. The same are broad and general,” he observed.
In the case Muthee, Kibosek, Kamau, Chepcheing, Luseno, Muhuga and Wanjiku were charged with 13 counts, including abduction with intent of murder.
It was alleged the nine officers serving in the defunct Special Services Unit (SSU) of the DCI, intercepted a vehicle that Mwania was driving and bundled the three occupants into another vehicle.
Further, they allegedly held Kidwai, Khan, and Mwania at Old Nairobi Area Police Headquarters SSU offices in Upper Hill before the trio disappeared.
The other four counts involved the 17.
According to the State, the officers jointly caused the disappearance of the three at the Aberdares National Park in Nyeri County.
They were also accused of subjecting the three to inhumane and degrading treatment. Muthee faced a separate count of forgery.
It was claimed he forged a vehicle work ticket serial number Q261311 for July last year.
The prosecution led by Senior Assistant DPP Michael Sang and James Machira, however, told the court that the State had decided to release Francis Mwendo Ndonye unconditionally after investigations vindicated him.
The 17 denied the charges and requested bail.
Their lawyers Wandugi Kirathe, Martina Swiga, Clinton Mwale, and Joel Isoe told the court that the case involved civil servants.
“They were released on free bond and had been adhering to the terms. The charges are defective. I wish to indicate all the charges preferred in any court in this country are bailable by dint of Articles 49 and 50 of the Constitution. Hence, all the charges in these charge sheets are bailable unless there are compelling reasons. The honours are on the prosecution.” The court heard.
According to the lawyers, the charges were mere allegations.
The magistrate will deliver his ruling next week on Friday.
The DPP said he would appeal the decision.
