NIS, DCI officers linked to killing of Ruto campaign aides lose bid to halt trial » Capital News

NAIROBI, Kenya, May 31 — 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 prosecution in a high-profile murder case involving two Indian nationals and a Kenyan.

The prosecution accuses the officers of murdering Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan—Indian nationals who were part of President William Ruto’s 2022 digital campaign team—as well as Kenyan national Nicodemus Mwania Mwange.

Lady Justice Abigael Mshila ruled that the petition failed to meet the required legal threshold and dismissed it accordingly.

The fifteen security officers had moved to court in July last year to stop their prosecution, citing alleged abuse of power by the DPP and a violation of Article 157(11) of the Constitution.

They also sought to have the DPP’s decision to charge them nullified and any future prosecution barred.

However, the DPP, through a team of prosecutors — Everlyn Onunga, Augustine Gacharia, Allen Mulama, Kennedy Amwayi, and James Machirah — defended the decision, arguing evidence and investigative findings informed prosecution decisions.

The court rejected claims of constitutional violations.

Justice Mshila also clarified that the DPP retains discretion to withdraw charges in the lower courts through a nolle prosequi or under Section 87A of the Criminal Procedure Code.

Killer squad

The officers charged include Chief Inspector Peter Muthee Gachiko, Inspector James Kibosek, Corporals Joseph Kamau Mbugua, David Chepchieng, Joseph Mwenda, John Mwangi, and Hillary Limo; Constables Stephen Luseno, Simon Muhuga, Paul Njogu, Boniface Otieno, Elkana Njeru, and Fredrick Thuku; NIS officer John Wanjiku Macharia; and KWS warden Michael Kiplangat.

Kidwai, Khan and Mwange went missing in July 2022, with their deaths later linked to the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI).

The alleged murders took place on the night of July 22–23, 2022, after members of security agencies picked them near Ole Sereni Hotel along Mombasa Road in Nairobi.

The accused, who pleaded not guilty, are also facing multiple charges before 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 crimes, the officers were attached to various state security agencies, with most serving in the disbanded SSU.

The court reffered the matter of bail and bondto Justice Olel for directions on July 21, 2025, with a ruling to be issued on notice.

The DPP has opposed their release on bond or bail.