13 police officers previously of the disbanded Directorate of Criminal Investigations (DCI) Special Services Unit, a National Intelligence Service (NIS) officer and a senior Kenya Wildlife Service (KWS) officer have been charged with the abduction of two Indian nationals and their taxi driver in July 2023.
Appearing before the Kahawa Law Court on Tuesday, October 17, 2023, the officers along with three other civilians, were charged with seventeen counts, including abduction with intent to kill, conspiracy to commit a felony, subjecting the Indians and their driver to cruel, inhumane, and degrading treatment, and forgery of official documents.
The officers were charged in connection with the abduction of two Indians - Mohamed Kidwai and Zulfiqar Khan and their driver Nicodemus Mwania Mwange.
The three were abducted on July 24, 2022.
The two Indians are said to have been part of a team that had come to Kenya to join President William Ruto's IT team in the run-up to the August 2022 General Election.
Those charged are Chief Inspector Peter Muthee Gachiku, James Kibosek Tanki, Joseph Kamau Mbugua, David Chepchieng Kinsei, Joseph Mwenda Mbaya, John Mwangi Kamau, Hillary Limo Kipchumba, Stephen Luseno Matunda, Simon Muhuga Gikenyo, Paul Njogu Muriithi, Boniface Otieno Mtulla, Elikana Njeru Mugendi, Fredrick Thuku Kamau, National Intelligence Service (NIS) officer John Wanjiku Macharia and senior Kenya Wildlife Service (KWS) officer Michael Kiplangat Bett.
They denied that on July 22, 2022, and July 23, 2022, while in different places within the Republic of Kenya, jointly with others not before the Court, conspired to commit a felony known as abduction with intent to murder the two Indian nationals.
"All 15 being Public Officers serving in the defunct Special Services Unit (SSU) of the DCI, NIS and KWS on July 23, 2022, between 0103hrs and 2000hrs within Nairobi County and Nyeri County while on board motor vehicles registration numbers KDH 262S, KDD 632J, KDG 836X, GKB 038J, GKB 918G and others not mentioned cooperated in execution of cruel and degrading treatment on Kidwai his friend Khan and driver Mwania by intercepting motor vehicle registration number KCG335E him being an occupant, forcefully ejecting him into another vehicle and subjecting them into confinement at Old Nairobi Area Police Headquarters SSU offices in Upper Hill and further to Aberdares National Park in Nyeri County without regard to their security," the court statement read in part.
Muthee, Kibosek, Mbugua, Kipsoi, Matunda, Gikonyo and Macharia were charged that, on July 22, 2022, and July 23, 2022, in Nairobi County while on board motor vehicles registration numbers KDG 836X, KDH 262S, GKB 8090 and other unknown vehicles, with intent to abduct, trailed and intercepted motor vehicle registration number KCG 335E with intent to cause Kidwai his friend Khan and driver Mwania who was an occupant in the said motor vehicle to be secretly and wrongfully abducted, in order that the said three persons may be murdered or may be so disposed of as to be put in danger of being murdered.
NIS officer Macharia alone faced three charges for subjecting the abducted two Indian nationals and their taxi driver to cruel, inhumane and degrading treatment.
On the other hand, Gachiku was charged that on or before July 22, 2022, Nairobi County with intent to deceive forged a certain document namely a work ticket Serial Number Q261311 for motor vehicle registration number GKB 809U for the month of July 2022 purporting that the handwriting in the document for the date 22/07/2022 belong to Francis Muendo Ndonye and to be genuinely written by him.
"On or before July 22, 2022, within Nairobi County, Gachiku made a forgery to an official document namely Government of Kenya motor vehicle work ticket serial number Q261311 at its column "2" for motor vehicle registration number GKB 809U for the month of July, 2022 purporting it to be what it was in fact not," the court heard.
The 15 officers were charged after the Director of Public Prosecutions (DPP) boss Renson Ingonga recommended their prosecution following 15 months of investigations by the detectives from the Internal Affairs Unit (IAU).
The accused persons through their lawyers led by Kirathe Wandugi, Clinton Mwale, and Martina Swiga among others asked the court to grant them lenient bond terms stating that they are still civil servants.
Officers denied release
The DPP has however opposed the release of the officers on bond saying they will abscond court since the offences they face are serious and attract hefty penalties.
"The accused persons now jointly face extremely serious charges with evidence pointing to the commission of murder as against the three victims and the resultant penalty for such offences which as per the evidence was part of several disjointed yet interconnected activities if the accused were to be convicted or carry hefty penalties that may act as an incentive to the accused persons to abscond the jurisdiction of this honourable court if released on bail," officer Michael Sang stated in an affidavit filed in court opposing bail.
Further, Sang said the accused persons are likely to interfere with witnesses and should be denied bail pending trial.
"I am privy to the fact that the nature of the jobs and positions held by all the accused persons herein who have extensive training on the use of firearms, surveillance, intelligence collection and counterintelligence, and the fact that they still hold positions of influence is ground enough to cause a well-founded fear for both the intended witnesses and the investigators. The suspects herein still have accomplices who are at large and that they can by themselves or through their accomplices impede the cause of justice," he said.
He also noted that the accused persons hold such a strong sphere of influence owing to their job training and the prosecution is apprehensive that they are capable, out of the need for self-preservation, endeavour to scuttle the cause of justice by interfering with witnesses, some of whom are their colleagues at work.
"The accused persons still enjoy Police, NIS and KWS privileges and still have in their possession government stores including uniforms and Certificate of Appointment (C of A) which can be used by them or their agents to assume the status of actively serving security officers (in the disciplined forces) with full privileges and powers. It is our prayer that the same be withdrawn from them pending hearing and determination of this case," Sang stated.
The court was informed that investigations uncovered that the KWS officer had been in communication with and had even met some of the SSU officers who are suspected of having taken the three individuals from Nairobi.
According to an IAU detective, the KWS officer went into hiding in Manyani when he realized he was being sought but later resurfaced and presented himself in court.
IAU detectives have maintained that the officers are linked to the forceful disappearance of the missing Indians, Mohammed Said Sami and Zulfiqar Ahmed who are claimed to have travelled to Kenya during the electioneering period and were working with a digital media team allied to President Ruto.
The IAU detectives have revealed that during their interrogations, they were presented with compelling evidence confirming the suspects' presence at the crime scene and Aberdares National Park. It is believed that the three victims were taken there following their alleged abduction from the Ole Sereni Hotel.
Officers Kipsoi and Matunda are alleged to have followed the three individuals from Ole Sereni to Westlands. Additionally, some of the officers, including Mbaya, have confirmed travelling to Nyeri while on duty and returning in the course of their duty.
The motor vehicles and mobile phones have been tracked and have assisted the investigating officers in gathering information regarding the matter.
