DPP Withdraws Murder Charges Against 15 SSU officers in Indian Nationals murder Case

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NAIROBI, Kenya Jun 22 – The Office of the Director of Public Prosecutions (DPP) has dropped murder charges against 15 police officers who had been accused in the high-profile killing of two Indian nationals and their Kenyan driver, bringing to an end one of Kenya’s most closely watched criminal cases.The charges were formally withdrawn before the High Court in Kiambu after the prosecution entered a nolle prosequi, a legal notice indicating that the State would no longer pursue the case against the accused officers.The officers, several of whom were attached to the now-disbanded Special Service Unit (SSU) of the Directorate of Criminal Investigations (DCI), had been facing charges linked to the disappearance and killing of the three victims in July 2022.Those discharged include John Macharia Wanjiru, Peter Muthee Gachiko, James Kibosek Tanki, Joseph Mbugua Kamau, Simon Muhuga Gikonyo, David Chepching Kipsoi, Stephen Luseno Matunda, John Mwangi Kamau, Paul Njogu Muriithi, Hilary Kipchumba, Fredrick Thuku Kamau, Joseph Mwenda Mbaya, Boniface Otieno Mtula, Elikana Njeru Mugendi and Michael Kiplangat Bett.In documents filed before the court, the prosecution cited Article 157(6) of the Constitution alongside Sections 82 and 83 of the Criminal Procedure Code as the legal basis for terminating the proceedings.The DPP informed the court that the Republic would no longer continue with the prosecution of the accused officers.However, the withdrawal of the charges does not amount to an acquittal, leaving open the possibility that the State could revive the case in future should fresh evidence emerge.The case attracted widespread public attention after the three victims disappeared under mysterious circumstances in 2022, with investigations later confirming that they had been killed.Following the withdrawal, defence lawyer Danstan Omari criticised the handling of the case, arguing that the officers had endured prolonged violations of their constitutional rights.Omari told the court that the accused had remained entangled in the criminal justice system for years despite what he described as weak grounds for prosecution.“This is yet another case where accused persons have remained incarcerated since 2022. Their constitutional rights have been violated repeatedly,” Omari said.He further argued that the officers were initially detained for more than 45 days through miscellaneous court proceedings before being released on bond, only to face rearrest and fresh charges later at the Kahawa Law Courts.According to the defence, the prolonged prosecution subjected the officers to unfair treatment and reputational damage.Omari maintained that the State had aggressively pursued the officers despite concerns raised by the defence from the beginning of the case.“What we told the State from day one has now become clear after the withdrawal of the charges,” he said.