The High Court in Kiambu has dismissed a petition filed by police officers seeking to stop DPP from prosecuting them in the murder of two Indian nationals and a Kenyan.
Issuing the ruling was Lady Justice Abigael Mshila who said that the petition did not meet the required threshold thus dismissing it.
“The High Court in Kiambu has dismissed a petition filed by 13 police officers, a National Intelligence Service (NIS) officer, and a Kenya Wildlife Service (KWS) warden seeking to stop the Director of Public Prosecutions (DPP) from prosecuting them in a murder case of two Indian nationals and a Kenyan.
Lady Justice Abigael Mshila ruled that the petition did not meet the required threshold and accordingly dismissed it.
In July, the petitioners (15 police officers) had sought to stop the DPP from charging them with the murder of two Indian nationals and a Kenyan, citing abuse of power and violation of Article 157(11) of the Constitution. They further sought to have the DPP’s decision to charge them quashed and to bar any future prosecution on the same matter.” said ODPP”
“They are charged with the murder of Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan (Indian nationals) and Nicodemus Mwania Mwange (a Kenyan), which allegedly occurred on the night of 22nd–23rd July 2022 near Ole Sereni Hotel, Mombasa Road, Nairobi County.
The accused pleaded not guilty before Lady Justice Mshila.
They also face additional charges at the Kahawa Law Courts, including abduction with intent to murder, conspiracy to commit a felony, subjecting persons to cruel, inhuman, and degrading treatment, and forgery of official documents.
At the time of the alleged offences, the accused were serving in various security agencies, with the police officers attached to the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI).
The matter of bail and bond was transferred to Justice Olel for directions on July 21, 2025, with the ruling to be delivered on notice. The DPP had opposed the release of accused persons on bond or bail.” said DPP
