Officers in Ruto election staff abduction allege case fiddling
By Print Reporter, July 17, 2024The 15 security officers charged with the abduction and disappearance of two Indian nationals and their Kenyan taxi driver are now accusing the Kiambu High Court of allegedly being used by some external forces to frustrate their release on bail.
The suspects, drawn from various security agencies including the now disbanded Special Services Unit (SSU) of the Directorate of Criminal Investigations (DCI), claim the High Court in Kiambu has failed to deliver a ruling on whether they should be released on bail or not for an unprecedented six months.
Through one of their lawyers Clinton Mwale Litwaji of Mwale and Bieta Advocates, the now interdicted officers claim that the court has been shifting goal posts over the issue on flimsy grounds in a deliberate effort to frustrate them.
In a letter dated July 16, to the Deputy Registrar of the Kiambu High Court, lawyer Mwale says that besides dilly-dallying to deliver the ruling on whether to lift an order on an earlier judgment delivered by Kahawa law courts Principal Magistrate Boaz Kiage that had released the officers on bail, the court has also failed to released their Sh 1 million bail.
“Despite the application being straightforward and non-complex, it has now been pending for a ruling for over seven months. Each time the matter is listed for a ruling, it is unfortunately postponed, further extending our clients’ period of incarceration without trial,” Mwale says.
Incarcerated
He further states: Our client remains incarcerated despite the principle of presumed innocent until proven guilty. This extended delay is causing significant prejudice to our client, who face more charges with no adjudication of guilt that would justify continued confinement.“
The officers through the lawyer want the Deputy Registrar of Kiambu High Court to intervene and compel the court to give a definitive and earliest date possible for the ruling on the application to ensure that his clients’ rights are upheld and “justice is not unduly delayed.”
The lawyer also expresses concern over the manner in which the matter has been handled with continuous postponements that not only undermines his clients’ rights but also erodes confidence in the judicial process.
“Our client is entitled to a fair and timely resolution of the bail and bond application, and the current delays are untenable,” Mwale says in his letter.
Detained officers
The officers, Corporal Kamau and Corporal Mbaya are accused alongside Chief Inspector Peter Muthee Gachiku, Inspector James Kibosek Tanuki, Corporals Joseph Kamau Mbugua, David Chepchieng Kipsoi, Hillary Limo Kipchumba, Constables Stephen Luseno Matunda, Simon Muhuga Gikonyo, Paul Njogu Muriithi, Boniface Otieno Mtulla, Elikana Njeru Mugendi, Fredrick Thuku Kamau, as well as John Wanjiku Macharia and Michael Kiplangat Bett were first arrested between October 21, 2022 and December 1, 2022.
They were then released on personal bonds by the Kahawa court on December 1, 2022 as the Internal Affairs Unit (IAU) was granted more time to complete investigations.
On October 17, 2023, they were charged before Kahawa Law court with the offence of abduction and conspiracy to lead to the disappearance of the two Indians and their Kenyan driver and released on either a Sh3 million bond or Sh1 million cash bail.
Nine of the officers managed to pay the Sh1 million cash bail on November 10, 2023 to earn their freedom.
However, their freedom was shortlived as on November 28, 2023, the Office of the Directorate of Public Prosecutions (ODPP) rushed to the Kiambu High Court under a certificate of urgency to cancel the bonds. ODPP was granted the stay orders the same day by Justice Norah Chepkwony.
“It is even ironic that the stay orders were acquired ex parte, without granting our clients the opportunity to tell their side of the story,” Mwale says.’
On December 5, 2023, the officers who were then enjoying freedom, were summoned back to Kahawa Law Courts and taken back to Kiambu prison facilities, though their bails were not returned.
The matter was first fixed for mention on January 6, 2023 and all the parties asked to file their responses and February 5, fixed for the parties to turn up before Deputy Registrar Jackline Karani.