Eight Kenya Defence Forces soldiers arrested in connection with the disappearance of part of the Sh8.2 billion methamphetamine haul seized in the Indian Ocean on October 19, have been released on tough conditions after the state failed to prefer charges against them.
Mombasa Senior Resident Magistrate Gladys Ollimo ruled that the prosecution had not presented any compelling reason to justify the continued detention of the suspects in the absence of formal charges.
The magistrate held that the State’s explanation that it was still awaiting an analyst’s report from the Government Chemist was not sufficient justification to keep the suspects in custody.
“The court cannot be converted into a holding facility when investigations are complete. In my view, there is no sufficient reason to continue holding the suspects,” the magistrate said.
The court released the suspects on a bond of Sh500,000 each, with an alternative cash bail of the same amount. They were also ordered to deposit their travel documents in court and to report to the investigating officer as directed.
Some of the eight KDF soldiers linked to the theft of 24kg of methamphetamine recovered in the Indian Ocean. In this photo taken on December 11, 2025, they appeared before Mombasa Senior Resident Magistrate Gladys Olimo.
Photo credit: Kevin Odit | Nation
Investigating officer Isaac Njoroge told the court that investigations had been completed but that charges could not be instituted because the Government Analyst’s report had not yet been received. According to the officer, the report was expected next month, prompting him to seek an extension of the custodial orders pending its production.
“Earlier today, we had the file and the charges ready, but after consultations with the Office of the Director of Public Prosecutions, it was agreed that the charges could not proceed without the Government Analyst’s report,” he said.
In essence, the ODPP could not approve the charges without the report, which is expected to confirm whether the 24 kilograms of the white substance recovered is indeed methamphetamine.
“We have contacted the Government Analyst, who has indicated that the report will be ready by January 3. We are therefore seeking an extension to allow time for the report to be prepared,” he added.
The prosecution maintained that established legal and procedural guidelines must be complied with before charges can be preferred, including the availability of key evidentiary documents. However, the suspects, through their advocate, opposed the application, arguing that no compelling grounds had been advanced to warrant an extension of their detention.
They contended that the investigating officer ought to have filed a formal affidavit seeking the extension instead of making an oral application, which they described as an ambush on the defence.
“There should be no further extension of custodial orders. The decision to charge the suspects does not depend on the Government Analyst’s report. This file ought to be closed,” the defence submitted.
The suspects also questioned how the investigating officer could claim that charges were ready in the absence of the analyst’s report. They argued that the ODPP was required either to close the file, charge the suspects or release them, rather than seek further extensions of their detention on flimsy grounds.
“There is no legal basis for this kind of application. The court should not allow the State to trample on the rights of the suspects. The investigating officer has already concluded his investigations and has no further use for the suspects,” they said.
The court agreed with the defence, noting that the absence of a Government Analyst’s report, where investigations have been concluded, does not justify continued detention.
The eight KDF soldiers, all attached to the Kenya Navy, had been in custody since last month in connection with a portion of a Sh8.2 billion narcotics consignment seized from Iranian suspects in the Indian Ocean on October 19. Sources within the Kenya Defence Forces say the soldiers were dismissed after internal investigations found grounds for disciplinary action, leading to their handover to the Anti-Narcotics Police Unit for further actions.
One of the eight KDF soldiers linked to the theft of 24kg of methamphetamine recovered in the Indian Ocean.
Photo credit: Kevin Odit | Nation
They were part of a Kenya Navy team deployed to intercept the dhow MV Mashallah, which was found carrying 1,024 kilograms of crystalline methamphetamine falsely declared as coffee.
Earlier, the court had allowed officers from the Anti-Narcotics Unit to detain the soldiers at Kilindini Police Station as investigations continued into how they allegedly came into possession of drugs valued at Sh192 million. The suspects are Duke Nyamwaya, Juma Mwinyifaki, Michael Kariuki, Elijah Mbogo, James Ekiru, Abdulrehman Salad and Abdirahman Abdi and a co-suspect whose case file is separate.
Mr Njoroge told the court that on December 6, officers from the Directorate of Criminal Investigations headquarters and the Mombasa Regional Headquarters arrested the suspects following the recovery of drugs allegedly linked to them.
“A search was conducted at the suspects’ residences, where whitish crystalline substances packaged in white wrappers and suspected to be narcotic drugs were recovered,” he said.
The affidavit detailed the quantities allegedly found at each residence. Eleven packages were recovered from Nyamwaya’s home, two from Mwinyifaki’s, five from Kariuki’s and one from Mbogo’s.
Regarding Ekiru and Abdi, Mr Njoroge said that although no drugs were found in their direct possession, intelligence reports, communication records and witness statements placed them in close association with the principal suspects.
“Their movements, interactions and digital links suggest possible roles as facilitators, coordinators or enablers within a wider trafficking syndicate,” he said.
He added that the substances recovered had not yet been weighed, sampled or analysed, a process that must be conducted by a designated Government Analyst in the presence of the suspects.
The officer argued that continued detention was necessary to preserve the integrity of the investigations, adding that the suspects appeared to be part of a larger trafficking network with several accomplices still at large.
The vessel that landed the KDF soldiers in trouble was crewed by six Iranian nationals, namely Jasem Darzaen Nia, Nadeem Jadgai, Imran Baloch, Hassan Baloch, Rahim Baksh and Imtiyaz Daryayi, who remain in custody pending investigations.
