The Directorate of Public Prosecutions (DPP) has approved charges of abduction and conspiracy to commit an offence against officers of the defunct Special Service Unit (SSU) accused of abducting and murdering two Indians working for the UDA party and their Kenyan taxi driver.
The two foreigners, Mohamed Ziad Sami Kidwai and Zulfiqar Ahmed Khan, reportedly arrived in the country in April 2022 to join President William Ruto’s digital campaign team, but went missing on July 25 after they and their taxi driver Nicodemus Mwania were abducted by unknown people outside Ole Sereni hotel in Nairobi.
In a letter to the director of the Internal Affairs Unit (IAU), the agency investigating the case, Senior Assistant Director of Public Prosecutions Joseph Riungu says the charges have been approved pending the results of DNA samples to determine whether the officers will be charged with murder as well.
“In respect of the investigation into the proposed offence of murder, we note that the said report from the Government Chemist analyst and the DNA sample are not yet ready. Therefore, the decision on the said proposed charge will be made when the same is completed and analysed. Consequently, you are directed to arraign the said suspects to answer to the said charges,” reads the letter.
Last month, three IAU detectives travelled to India, accompanied by a doctor, to collect DNA samples from the victims’ families. According to sources, the DPP had recalled the case file for the fourth time last week to ascertain that the investigators had complied with instructions, including obtaining the DNA samples.
The Nation understands that the investigation has revealed that DCI officers did not act in unison in the events leading to the abduction and murder of the three. A number of officers from other government departments were also involved in planning and assisting the SSU officers in carrying out criminal activities.
Affidavits filed at the Kahawa Magistrate’s Court and communications between the IAU and the Kenya Wildlife Service indicate that more officers from other security agencies are likely to be charged alongside the SSU officers later this month.
Last year, the families of the two Indians linked their disappearance to state agents when CCTV footage showed their car being blocked and picked up by armed men who left the vehicle at the scene of the abduction.
On September 15 last year, then Acting Inspector-General of Police Noor Gabow ordered the IAU to take over the investigation and submit a report for action. More than 21 SSU officers were questioned about their alleged role in the abduction and murders The findings of the investigation were then submitted to the President.
The findings included a recommendation that the unit be disbanded to pave the way for the tying of loose ends in the case before the file was forwarded to the DPP for instructions.
The following month, the unit was disbanded and its 58 officers disarmed and sent on a compulsory 30-day leave as investigations into their conduct gathered pace. Mr Gabow later ordered that the members transferred to other units.
