Fifteen police officers drawn from different units including the disbanded SSU were on Tuesday charged before the Kahawa Law Court for allegedly abducting two Indians and a Kenyan.
The accused are Chief Inspector Peter Muthee, Inspector James Kibosek, Corporals Joseph Kamau, David Chepcheng, Joseph Mwenda, John Mwangi and Hilary Limo, Constables Stephen Luseno, Simon Muhuga, Paul Njogu, Boniface Otieno, Elkana Njeru, Fredrick Thuku, John Wanjiku Macharia and Warden Michael Kiplangat.
The 15 officers who include SSU cops, DCI, NIS and KWS all denied 17 counts related to the abduction of Mohammed Zaid Sami Kidwai, Zulfiqar Ahmed Khan and Nicodemus Mwange.
Among the counts include abduction to commit murder, cooperation in the execution of cruel treatment, conspiracy to commit a felony, and forgery among others.
“On July 22 and 23 in Nairobi, the accused persons while on board motor vehicles KDD 632j, KDG 836X, KDH 262S and GKB 809U and other unknown vehicles, with intent to abduct, trailed and intercepted a motor vehicle with intent to cause Mohammed who is an Indian national, who was an occupant, to be secretly and wrongfully abducted or maybe murdered or put in danger of being murdered,” the chargesheet reads.
According to the chargesheet, Muthee, Kamau, Chepcheng, Luseno and Muhuga forcefully ejected and bundled them in another vehicle before subjecting them to confinement at Old Nairobi Area police headquarters SSU offices in Upper Hill without regard to their lives and security and ultimately causing their enforced disappearance.
It was also alleged that being public servants in the defunct special services unit (SSU), DCI, NIS, and KWS, they cooperated in the execution of the cruel treatment of Mohammed Khan and Mwange thereby causing their enforced disappearance.
The prosecution in a 40-page affidavit opposed to their release on bail saying if released they may flee and jump bail.
They also claimed that the accused may interfere with witnesses if they are granted bail considering the seriousness of the charges before court.
The defence lawyers asked Magistrate Boaz Ombewa to release the accused on reasonable bond terms.
The accused are represented by Danstan Omari, Kirathe Wandugi, Clinton Mwale and Martina Swiga.
Swiga who was also holding brief for Omari told court that bail is a right and the purpose is for an accused to attend trial
She said that the prosecution had not brought forth any compelling reasons claiming that the allegations by the prosecution were speculative.
“Your honour, on flight risk, in the event they wanted to flee, they would have. We knew they are taking plea during the miscellaneous they would have fled or absconded already,” Swiga said.
She further told court that in the miscellaneous file, the accused were released on a free personal bond and they have been religiously attending court.
“They are accused presumed innocence and liberty should be denied as a last resort. Their affidavit to oppose bond is speculative with no proof,” Swiga said.
