Plea-taking for 15 former Special Service Unit (SSU) officers accused of abducting two Indian nationals and a Kenyan taxi driver was halted on Monday after their lawyers challenged the prosecution’s decision to bring the charges under a fresh case number.
The officers appeared before Kahawa Law Courts Magistrate Angela Njeri Thuku on September 7, 2026, but their lawyers urged the court not to allow them to take plea until it examines previous proceedings and orders issued by the High Court and Court of Appeal.
The defence, led by lawyers Danstan Omari, Steve Ogolla and Wandugi, argued that the fresh case substantially mirrors proceedings that had already been terminated by the High Court.
Ogolla told the court that the prosecution could not circumvent existing court orders simply by assigning the matter a new case number.
“The upshot of my submission is that to permit the DPP to proceed with these charges would be to act in contempt of live and binding orders from the Superior Court above,” he submitted.
The defence therefore asked Magistrate Thuku to call for records relating to High Court file E124 of 2023 and Petition No. 26 of 2024 before making a decision on whether the prosecution should proceed. The lawyers also informed the court that two of the accused had filed a judicial review application at the Kiambu High Court seeking to stay the fresh proceedings. Ogolla said the application, filed under vacation rules, was yet to receive substantive directions.
He further relied on a Court of Appeal ruling by Lady Justice Ong’undi, which he said had restrained the Director of Public Prosecutions from reinstating or continuing with the charges. While the defence acknowledged the DPP’s constitutional powers under Article 157, Ogolla argued that those powers must be exercised within the law and should not be used oppressively.
“We were not challenging the authority of the ODPP at Article 157. We are not,” he told the court.
He said Article 157(11), which requires the DPP to consider public interest, the administration of justice and the prevention of abuse of the legal process, was central to their objection.
Lawyer Wandugi similarly accused the prosecution of subjecting the accused to a vexatious and oppressive process. He urged the magistrate to consider the entire history of the case before allowing the fresh proceedings to continue. He also rejected any suggestion that the accused were seeking to avoid facing the allegations.
“We are not afraid. We took plea here, and he called three witnesses,” Wandugi said.
He argued that the earlier proceedings had already progressed before the prosecution moved the matter to Kiambu, where separate proceedings, including murder-related charges, were initiated. Wandugi said the prolonged proceedings had caused suffering to the accused and their families, but maintained that they were prepared to face the case at the appropriate time.
“We are prepared to face this matter in the fullness of time. But as of now, we urge you to find that this is not opportune time,” he submitted.
The defence lawyers subsequently adopted one another’s submissions, maintaining a united position against the plea-taking.
The case arises from the disappearance of two Indian nationals and their Kenyan taxi driver in 2022. The incident triggered investigations into officers attached to the then SSU, which was later disbanded amid scrutiny over allegations of abductions, enforced disappearances and extrajudicial killings.
The prosecution is seeking to proceed with the abduction-related charges against the former officers, while the defence maintains that earlier proceedings and court orders prevent the fresh case from proceeding.
Magistrate Thuku is expected to rule on September 9, 2026, on whether the prosecution can proceed with the charges and whether the 15 former SSU officers should be required to take plea.
