DPP drops charges against 13 officers linked to the murder of two Indians

Audio By Vocalize

The Director of Public Prosecutions (DPP) Renson Ingonga has, for the second time, dropped murder charges against 13 police officers linked to the disappearance and suspected killing of two Indian nationals and their Kenyan driver.

The decision was filed before the High Court in Kiambu in Criminal Case No. E0l9 of 2024, where the officers had been facing charges of murder contrary to Section 203 as read with Section 204 of the Penal Code. 

The accused include officers drawn from the Special Service Unit (SSU), the Directorate of Criminal Investigations (DCI), the National Intelligence Service (NIS), and the Kenya Wildlife Service (KWS).

Those affected by the withdrawal of charges are: John Macharia Wanjiru (1st accused), Peter Muthee Gachiko, James Kibosek Tanki, Joseph Mbugua Kamau, Simon Muhuga Gikonya, David Chepching Kipsoi, Stephen Luseno Matunda, John Mwangi Kamau, Paul Njogu Muriithi, Hillary Kipchumba, Frederick Thuku Kamau, Joseph Mwenda Mbaya, Boniface Otieno Mtulia, Elikana Njeru Mugendi, and Michael Kipiangat Bett.

In the formal notice signed by Senior Assistant Director of Public Prosecutions Gikui Gichuhi on behalf of the DPP, the State confirmed the decision to discontinue proceedings under Article 157(6) of the Constitution and Sections 82 and 83 of the Criminal Procedure Code.

“In exercise of the powers conferred on the Director of Public Prosecutions… I hereby enter nolle prosequi and inform this Honourable Court that the Republic intends that proceedings against the accused persons shall not continue henceforth,” the notice reads in part.

The case, which has been in court for two ears involves allegations surrounding the disappearance and suspected murder of two Indian nationals and their Kenyan taxi driver, an incident that triggered widespread concern over alleged enforced disappearances and accountability within security agencies.

This is the second time the DPP has dropped the case, having previously withdrawn similar charges at the Kahawa Magistrate’s Court before the matter was later revived at the High Court level.

However, the Office of the DPP maintains that the decision is guided strictly by law and evidence threshold considerations, and not external influence.

A senior prosecution official, speaking on condition of anonymity, noted: “The decision to enter nolle prosequi is never taken lightly. It is based on a continuous assessment of evidential sufficiency and the public interest test as provided under the Constitution.”

Families of the victims have previously expressed frustration over delays and shifting prosecutorial decisions, calling for clarity and accountability in the handling of the case.

Human rights observers have also raised concerns about the broader implications of the case on trust in security institutions and the justice system, particularly where members of law enforcement agencies are implicated in serious criminal allegations.