Fresh charges have been filed against 15 security officers over the 2022 disappearance of two Indian nationals and their Kenyan driver, reopening a case that has remained under scrutiny for several years.
The Office of the Directorate of Public Prosecutions (ODPP) has brought 17 charges against officers drawn from the Directorate of Criminal Investigations (DCI) and the National Intelligence Service (NIS).
The accused officers are expected to appear before the Kahawa Law Courts on September 7 for plea-taking before Senior Principal Magistrate Njeri Thuku.
Among the charges is kidnapping with intent to murder, an offence provided for under Section 258 of the Penal Code.
The officers also face allegations of conspiracy to commit a felony under Section 393 of the Penal Code.
The charge sheet further contains accusations of cruel, inhuman or degrading treatment under Section 51(3) of the National Intelligence Service Act. Other counts relate to alleged forgery involving documents connected to the operation.
According to the prosecution, some of the officers are accused of personally subjecting the victims to cruel, inhuman and degrading treatment.
Others are accused of cooperating in the alleged mistreatment during the incident.
The prosecution says the officers travelled in four motor vehicles on July 22, 2022, before intercepting a vehicle in Nairobi that was carrying the two Indian nationals and their Kenyan driver.
The victims were identified as Zulfiqar Ahmed Khan and Mohammed Zaid Sami Kidwai.
The two had worked with President William Ruto’s digital campaign team during the 2022 General Election. They were travelling with their Kenyan taxi driver when they disappeared during the night of July 22 and into July 23, 2022.
The three men were reportedly intercepted near Ole Sereni Hotel along Mombasa Road. Their disappearance later led to the arrest of 15 security personnel, including 13 former officers from the disbanded DCI Special Service Unit, one NIS officer and one Kenya Wildlife Service warden.
The latest charges follow a decision by the High Court to terminate murder proceedings against the same 15 security officers who had been accused in connection with the alleged abduction and killing.
The new prosecution now places the officers before the courts on a wider range of allegations, including kidnapping, conspiracy, alleged mistreatment and forgery.
Their appearance at Kahawa Law Courts on September 7 will provide the next stage of the case as the accused officers respond formally to the fresh charges.
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