Fifteen security officers accused of taking part in the disappearance of two Indian nationals and their Kenyan taxi driver in 2022 are facing fresh criminal charges. The prosecution has filed 17 counts against the officers. The case will now be considered by the Kahawa Law Courts.
The three men, Indian nationals Zulfiqar Ahmed Khan and Mohammed Zaid Sami Kidwai, and their Kenyan taxi driver Nicodemus Mwania Mwange, disappeared in July 2022. They have never been found. Their disappearance has remained a mystery despite investigations and previous court proceedings.
A Kahawa Law Court magistrate on Wednesday adjourned a ruling on whether the prosecution will be allowed to proceed with the fresh case. The ruling will be delivered on October 1, 2026. The decision will determine whether the officers can be required to take plea on the new charges.
The suspects include 13 former Special Service Unit (SSU) officers, one National Intelligence Service (NIS) officer and one Kenya Wildlife Service (KWS) officer. The Office of the Director of Public Prosecutions (ODPP) alleges that they were involved in the abduction of the three men. Prosecutors say the men were intercepted along Mombasa Road on the night of July 22, 2022.
According to the prosecution, the officers travelled in four vehicles before intercepting the car carrying Khan, Kidwai and Mwange near the Ole Sereni Hotel in Nairobi. The three men were later reported missing. Investigations into the case eventually led to the arrest and prosecution of the security officers.
The fresh case has 17 counts, with the main allegations including kidnapping with intent to murder, conspiracy to commit a felony and cruel, inhuman or degrading treatment. The prosecution has cited provisions of the Penal Code and the National Intelligence Service Act in support of the case. The charges relate to the alleged events surrounding the disappearance of the three men.
The fresh charges come after the High Court terminated earlier murder proceedings against the 15 officers. Those proceedings were linked to the alleged abduction and killing of the three men. The ODPP has now returned to court with a new set of charges over the disappearance.
Khan and Kidwai were members of the digital campaign team that worked on President William Ruto’s 2022 presidential campaign. They were travelling with Mwange when they allegedly disappeared. Their whereabouts have remained unknown since July 2022.
The case has raised questions about what happened after the three men were allegedly intercepted. The prosecution maintains that the officers acted together during the events that led to their disappearance. The officers have not been convicted of the allegations against them.
The officers named in the proceedings are Peter Gachiku, James Tanki, Joseph Mbugua, David Kipsoi, Joseph Mbaya, John Kamau, Hillary Kipchumba, Stephen Matunda, Simon Gikonyo, Paul Muriithi, Bonface Mtulia, Elikana Mugendi, Fredrick Kamau, John Mavhari and Michael Bett.
The court will determine whether the prosecution can proceed with the fresh case. The magistrate is expected to give the decision on October 1, 2026. Until then, the officers remain accused persons and are presumed innocent unless proven guilty.
