Kahawa Law Courts has deferred plea-taking for 15 former Special Service Unit (SSU) officers facing fresh charges over the alleged 2022 abduction of two Indian nationals and their taxi driver.
The court directed the Office of the Director of Public Prosecutions (ODPP) to establish the status of pending appeals and proceedings before the Superior Courts challenging the fresh prosecution before the matter can proceed.
The decision followed arguments by the defence, led by lawyer Danstan Omari, Wandugi and Ogola who asked the court not to proceed with plea-taking. The defence argued that the fresh charges substantially reproduce an earlier case involving the same accused persons, facts and evidence.
The lawyers also raised concerns over pending proceedings and orders before the High Court and the Court of Appeal, arguing that the outcome of those matters could have a bearing on the fresh charges.
The prosecution, however, maintained that the ODPP has the constitutional authority to institute fresh criminal proceedings. It argued that the termination of the earlier case did not permanently bar the prosecution from bringing fresh charges. In issuing its directions, the court said it would first consider the history of the previous proceedings and establish the status and effect of the pending litigation before allowing the new case to proceed to plea-taking.
The court was particularly concerned with orders and proceedings arising from earlier litigation, including matters before the High Court and the Court of Appeal.
The case stems from the alleged abduction of two Indian nationals and their taxi driver in 2022. The former SSU officers had previously faced related criminal proceedings before the fresh charges were brought. The dispute surrounding the new prosecution has resulted in several court cases, including a High Court petition, proceedings relating to murder charges and an appeal before the Court of Appeal.
The court has now directed the ODPP to fast-track the pending appeals and establish their current status before the fresh case can proceed.
