The Director of Public Prosecutions (DPP) has clarified that criminal proceedings against 15 accused persons linked to the disappearance of two Indian nationals and their Kenyan driver will continue before the Kahawa Law Courts despite the withdrawal of a separate murder case.
In a statement issued on Sunday, the Office of the Director of Public Prosecutions explained that the 15 accused persons were charged in October 2023 with various offences relating to the alleged abduction, torture, conspiracy and forgery connected to the disappearance of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan and their driver Nicodemus Mwania Mwange in July 2022.
According to the prosecution, a further review of investigations in June 2024 led to the emergence of additional evidence suggesting that the three missing persons may have been murdered. This prompted the DPP to institute separate murder charges against the accused persons before the High Court in Kiambu.
The DPP later sought to have all the charges consolidated and heard together before the High Court. However, the High Court declined the application on May 30, 2026.
Following a review of the court’s decision and the available evidence, the DPP exercised his constitutional mandate to review criminal proceedings and decided to discontinue the murder case through a nolle prosequi.
The ODPP emphasized that the withdrawal of the murder case does not amount to an acquittal of the accused persons. It noted that future proceedings based on the same facts may still be instituted should circumstances warrant.
The prosecution agency stated that it will proceed with the criminal case currently pending before the Kahawa Law Courts, where the accused persons continue to face multiple charges arising from the alleged abduction and related offences.
The ODPP maintained that all prosecutorial decisions are guided by the Constitution, the law, the available evidence and the interests of justice.
