State loses bid to block ex-Scotland Yard detective from Sh8.2bn meth case

By  Brian Ocharo

Correspondent

Former Scotland Yard detective Kevin Hurley has been allowed to testify in the Sh8.2 billion methamphetamine case against six Iranians after the court rejected an objection by the Office of the Director of Public Prosecutions (ODPP).

The court ruled that Mr Hurley’s lack of experience as a Kenyan investigator does not disqualify him from giving expert evidence, finding that his professional experience qualifies him to address issues relating to investigative methodology and the handling of evidence.

In a September 21 ruling, the court specifically cited his expertise in evidential integrity, continuity and chain of custody practices.

“I am satisfied that the defence has established, at the threshold, that Mr Hurley is especially skilled in the field of law-enforcement investigation and evidential management, particularly in relation to investigative methodology, evidential integrity, continuity and chain of custody practices,” the court said.

The court said an expert may explain recognised investigative principles, professional practices, evidential risks and the consequences of departing from established procedures, including matters relating to continuity, custody, documentation, contamination controls and evidential integrity.

However, the expert cannot determine disputed facts, assess the credibility of witnesses, interpret Kenyan law or decide the conclusion the court should reach.

“What he cannot do is determine whether a particular statutory requirement was complied with, or what ultimate conclusion the court ought to reach from the evidence,” the court said.

The court noted that Mr Hurley has more than three decades of policing and investigative experience, including work in complex investigations, forensic strategy, exhibit management and chain of custody.

It said his lack of experience in Kenya may be considered when assessing how applicable his opinions are to the facts and institutional framework of the case, but does not negate his specialised knowledge.

The court said the weight given to his evidence will depend on the material he relies on, the reasoning and methodology behind his opinions and their applicability to the circumstances of the case.

Hurley's testimony will examine whether proper procedures were followed in the recovery, handling, transfer, sampling and analysis of the suspected methamphetamine seized from MV Mashaallah.

He will assess the chain of custody, documentation and laboratory processes to determine whether the evidence was handled in accordance with recognised investigative and forensic standards.

The State opposed his participation, arguing that Mr Hurley was not involved in the seizure or investigation and therefore could not provide expert evidence on matters arising from the case.

Those charged in the case include Jaseem Darzadeh Nia, Nadeem Jadgal, Hassan Baloch, Raheem Baksh, Imran Baloch and Imtiyaz Daryay.

They are charged with trafficking 1,036.044 kilograms of methamphetamine valued at approximately Sh8.2 billion between October 17 and 20, 2025, in the Indian Ocean aboard MV Mashaallah.

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