Fresh Charges Against 15 Former SSU Officers Put on Hold by Kahawa Court

NAIROBI, Kenya, Oct 1 – Kahawa Law Courts has deferred plea taking for 15 former Special Service Unit (SSU) officers facing fresh charges over the alleged abduction of two Indian nationals and their taxi driver in 2022.

The court directed the Office of the Director of Public Prosecutions (ODPP) to establish the status of related proceedings and pending appeals before the accused persons can take plea.

The directive followed objections by the defence, which argued that the fresh charges substantially replicate an earlier case involving the same accused persons, facts and evidence.

Lawyer Danstan Omari, who led the defence team, asked the court to suspend plea taking, citing pending proceedings before the High Court and Court of Appeal.

The defence argued that orders issued by the Superior Courts could have a bearing on the fresh prosecution and should first be clarified before the trial court proceeds with the case.

The prosecution opposed the application, maintaining that the ODPP has constitutional powers to institute criminal proceedings.

The State further argued that the termination of an earlier case does not permanently bar the prosecution from bringing fresh charges against the accused persons.

After considering the history of the case and previous orders issued by the Superior Courts, the Kahawa court directed the ODPP to establish the status of the pending matters.

The prosecution has been directed to track the appeals and related proceedings and provide the court with details of the relevant orders before the fresh case proceeds.

The case dates back to the alleged abduction of two Indian nationals and their taxi driver in 2022. The former SSU officers had previously been subjected to criminal proceedings arising from the incident.

The subsequent legal battle has included a High Court petition, proceedings relating to murder charges and an appeal before the Court of Appeal.

The defence has maintained that the previous proceedings are relevant to the fresh charges, while the prosecution insists that it is within the ODPP’s mandate to institute a new case.

For now, the 15 former officers will not take plea in the fresh charges.

The case will return to court after the ODPP establishes the status of the pending Superior Court proceedings and presents the relevant orders for consideration.