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Post Reply: State Opposes Bail for Former SSU Officers Charged with Murder of Two Indian Nationals and Kenyan Taxi Driver

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 8, 2025, 6:00 am</div><div id="pl-7426"  class="panel-layout" ><div id="pg-7426-0"  class="panel-grid panel-no-style" ><div id="pgc-7426-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7426-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">In a significant development at the Kiambu High Court, thirteen police officers, a National Intelligence Service (NIS) agent, and a Kenya Wildlife Service (KWS) warden faced charges on February 20, 2025, for the murder of two Indian nationals, Mohamed Zaid Sami Kidwali and Zulfiqar Ahmed Khan, and their Kenyan taxi driver, Nicodemus Mwania. The accused, previously attached to the now-disbanded Special Service Unit (SSU) under the Directorate of Criminal Investigations (DCI), appeared before the court as the state strongly opposed their release on bail, citing the gravity of the charges and changing circumstances in the case.</p>
<p dir="ltr">The prosecution team, comprising Everlyn Onunga, Augustine Gacharia, Victor Owiti, Allen Mulama, Benjamin Kelwon, and Kennedy Amwayi, argued that the bail terms previously granted at Kahawa Law Courts in a related abduction case were no longer applicable. They requested seven days to submit a formal objection to the bail application, emphasizing the severity of the murder charges. The state’s position was that releasing the accused could jeopardize the ongoing investigation and public safety, given the high-profile nature of the case.</p>
<p dir="ltr">The accused individuals include Chief Inspector of Police Peter Muthee Gachiko, Inspector of Police James Kibosek, and Corporals Joseph Kamau Mbugua, David Chepchieng, Joseph Mwenda, John Mwangi, and Hillary Limo, among others. Their defense, led by lawyers Dunstan Omari and Kirathe Wadungi, contested the state’s stance, alleging unfair treatment and political persecution. Omari argued that the accused had already spent over 18 months in custody, suggesting that bail conditions could be reviewed later if necessary. Wadungi further urged the court to grant bail, highlighting the prolonged detention of the accused.</p>
<p dir="ltr">The case stems from a chilling incident on July 25, 2022, when Kidwali and Khan, two IT experts who arrived in Kenya in April 2022 to assist the United Democratic Alliance’s (UDA) digital campaign team, were abducted outside Ole Sereni Hotel in Nairobi alongside their taxi driver, Mwania. CCTV footage revealed that armed men blocked their vehicle and left it at the scene, prompting families to suspect state involvement. The abductions sparked widespread concern, leading then-Acting Inspector-General of Police Noor Gabow to assign the Internal Affairs Unit (IAU) to investigate. Over 21 SSU officers were questioned, and findings were presented to the President.</p>
<p dir="ltr">Following the investigation, the SSU was dismantled in August 2022, with its 58 officers disarmed, placed on a 30-day compulsory leave, and later reassigned to different units. The case has drawn significant attention due to its political implications and allegations of extrajudicial actions by security forces. The court has scheduled March 20, 2025, for a mention to issue directions on the bail and bond application, leaving the accused in custody pending further proceedings.</p>
<p dir="ltr">This case continues to raise questions about accountability within Kenya’s security apparatus and the handling of high-profile investigations involving foreign nationals. The outcome of the bail ruling and the broader trial are expected to have far-reaching implications for public trust in the justice system.</p>
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