A case involving 15 security officers accused in connection with the disappearance of two Indian Nationals and a Kenyan taxi driver has taken a new turn after the Office of the Director of Public Prosecutions filed fresh charges, despite an earlier termination of the case.
The new charges were challenged by the defence at the Anti-Terrorism Court in Kahawa, with lawyers opposing the taking of plea.
The defence team led by Danstan Omari, Wadungi Kirathe, Clinton Mwale and Stephen Ogolla argued that the fresh charge sheet contravenes previous court orders that terminated the earlier proceedings.
The Defence Counsel told Senior Principal Magistrate Njeri Thuku that an order issued on July 29th, 2025, had taken cognizance of High Court orders and brought the lower court proceedings to an end.
They therefore argued that the prosecution was in contempt of court by reintroducing the charges. The defence, however, maintained its opposition to the fresh charges.
The prosecution, however, opposed the defence application, arguing that the State has a legal right to reinstitute the case based on the original facts.
Led by James Machira and Edwin Omwayi, the prosecution cited an earlier ruling by Justice Mushila, particularly paragraph 41, saying it provides a legal basis for bringing the charges afresh.
The State also argued that the defence had given an expansive interpretation of the law and that their objections were premature. Machira further cited Article 50 of the Constitution and provisions of the Criminal Procedure Code, arguing that the court should first follow the established process of arraignment, charging and plea-taking before considering substantive objections.
The prosecution also relied on Article 157 of the Constitution, maintaining that the decision to reinstitute the charges did not amount to contempt of court. The State urged the court to proceed with plea-taking in charge sheet E089 of 2026.
Danstan Omari also alleged political interference in the case, claiming that President William Ruto was behind the prosecution of the officers. The allegations were made in court as the defence argued that the officers were being subjected to political persecution.
Senior Principal Magistrate Njeri Thuku allowed an adjournment, citing the need for fairness and judicial discretion.
The court noted that there was no formal stay of proceedings in place and directed all parties to appear for a mention on September 9th at 1 p.m. for further directions. Lawyer Stephen Ogolla was also directed to email the court, the prosecution and the defence team a copy of the judicial review order immediately upon its issuance.
Nicodemus Mwania a Taxi driver, Mohammed Zaid Sami Kidwai and Zulfiqra Ahmad Khan.
