The Office of the Director of Public Prosecutions (ODPP) has strongly opposed the release on bail of 15 current and former security officers accused of the abduction and murder of two foreign nationals and their Kenyan driver, citing serious national security concerns, risk of witness interference, and the heinous nature of the crimes.
According to an affidavit sworn by Superintendent of Police Michael Kirui, the accused who include officers from the disbanded Special Service Unit (SSU), the National Intelligence Service (NIS), and Kenya Wildlife Service (KWS) were involved in a clandestine multi-agency operation that led to the disappearance and suspected murder of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan, and Nicodemus Mwania Mwange.
The three were last seen near the Southern Bypass interchange at Ole Sereni Hotel on the night of July 22–23, 2022, and have never been found.
According to the affidavit, investigations into the matter were prolonged due to what the State terms as a “sphere of influence” wielded by the accused, which allegedly hampered evidence collection and posed risks to witnesses and investigators.
The victims’ bodies have never been recovered, and they have been missing for over 1,100 days, denying their families the dignity of a proper burial.
“This is not just a case of murder it constitutes crimes against humanity and enforced disappearance,” Kirui states, referencing Kenya’s obligations under the International Crimes Act and the United Nations Convention on Enforced Disappearances.
The prosecution claims that the accused persons have resorted to surveillance and intimidation tactics reminiscent of the methods used against the three victims. Officers working on the case have reported being followed, threatened, and even told directly by the accused that their movements and family details were known.
When the suspects were produced at the Kahawa Law Courts in December 2022, they allegedly confronted investigators, warning them that they would “pay” if charges were brought forward. According to Kirui, the threats have since manifested in real-world surveillance and stalking of key officers.
Kirui further asserts that some of the accused still hold active positions within Kenya’s security apparatus and continue to enjoy access to government-issued stores, uniforms, and certificates of appointment. This raises concerns that they could impersonate active officers and obstruct the course of justice.
He also details how the accused reportedly held virtual strategy meetings some from Pangani Police Station seeking to derail the investigation by mobilizing sympathetic police and intelligence personnel.
The State argues that the accused Have a strong motive to abscond, given the weight of the charges and the potential for capital punishment.
Further, that they Pose a serious threat to witnesses, particularly given their former and current ranks, training, and connections within the security agencies and are a part of what the affidavit describes as a “criminal enterprise” within the state, capable of compromising judicial proceedings if granted bail.
The prosecution insists that no exceptional circumstances have been presented by the defence to justify bail, and that granting it would not be in the interest of justice, national security, or the victims’ families.
The disappearance of Zaid, Zulfiqar, and their driver sparked national and international outcry, with pressure mounting on the government to account for growing cases of extrajudicial killings and enforced disappearances linked to rogue officers.
The disbandment of the SSU in 2022 followed revelations of systemic abuse and covert operations targeting civilians. This case is one of the most high-profile prosecutions stemming from that crackdown.
