DPP recharges 15 DCI, NIS officers over abducted Indians days after murder case dropped
The new charge sheet contains 17 counts, including forgery, intent to commit murder, conspiracy to commit a felony, and committing or cooperating in the execution of cruel, inhuman or degrading treatment.
The Director of Public Prosecutions (DPP) Renson Ingonga has filed fresh charges against 15 security officers accused of abducting two Indian nationals and a Kenyan taxi driver in July 2022, days after withdrawing murder charges against them.
The new charge sheet contains 17 counts, including forgery, intent to commit murder, conspiracy to commit a felony, and committing or cooperating in the execution of cruel, inhuman or degrading treatment.
The suspects also face charges under Section 51(3) of the National Intelligence Service Act for allegedly subjecting a person to cruel, inhuman or degrading treatment.
According to the charge sheet, on July 22, 2022, officers drawn from the disbanded Special Service Unit (SSU), the National Intelligence Service (NIS) and Kenya Wildlife Service (KWS) allegedly trailed and intercepted a vehicle carrying Indian nationals Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan and Kenyan taxi driver Nicodemus Mwania Mwange.
The three were allegedly travelling in four motor vehicles alongside other people whose identities have not been disclosed.
The suspects named in the fresh charges are Peter Gachiku, James Tanki, Joseph Mbugua, David Kipsoi, Joseph Mbaya, John Kamau, Hillary Kipchumba, Stephen Matunda, Simon Gikonyo, Paul Muriithi, Bonface Mtulia, Elikana Mugendi, Fredrick Kamau, John Macharia and Michael Bett.
They are required to appear before the Kahawa Law Courts on September 7, 2026, to answer to the charges.
The fresh prosecution comes barely a week after the High Court terminated murder proceedings against the 15 officers after the DPP entered a nolle prosequi.
In discharging the accused, the court observed that the DPP had acted within his constitutional mandate and that the decision had been made in good faith and in the public interest.
The DPP had told the court that, despite the serious allegations of abduction and murder, no substantive evidence had been presented for more than two years. He also cited a constitutional petition challenging the murder charges that was pending before the Court of Appeal.
Relying on Article 157 of the Constitution and Section 82 of the Criminal Procedure Code, Ingonga maintained that he had the constitutional discretion to terminate criminal proceedings.
He argued that the court could only reject such a decision if it was demonstrated that the DPP had acted in bad faith or abused his powers.
Kidwai, Khan and Mwange disappeared in July 2022 after reportedly being hired as information and communications technology experts for President William Ruto’s 2022 election campaign.
