NAIROBI, Kenya, Jun 22 — The Public Prosecutor has vowed to proceed with criminal charges against fifteen former officers of a disbanded DCI unit over the disappearance of two Indian nationals and their Kenyan driver during the 2022 General Election period, even after withdrawing murder charges against them.
In a statement issued on Monday, the ODPP said the murder case previously filed before the High Court in Kiambu will be discontinued through a nolle prosequi, but stressed that the accused will continue to face prosecution at the Kahawa Law Courts on other serious charges arising from the alleged abduction and disappearance.
The case stems from the July 2022 disappearance of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan, and their driver, Nicodemus Mwania Mwange, who went missing under unclear circumstances weeks before the August 2022 presidential election.
The two Indian nationals were reportedly involved in digital and communications operations linked to President William Ruto’s election campaign prior to their disappearance.
The 15 accused officers, charged in October 2023, are alleged to have participated in offences including abduction, torture, conspiracy, and forgery connected to the disappearance of the three men.
According to the ODPP, prosecutors initially relied on fresh evidence in June 2024 that suggested the victims may have been killed, prompting the filing of separate murder charges at the High Court in Kiambu.
However, the prosecution’s bid to consolidate the murder case with the existing criminal proceedings was rejected by the High Court on May 30, 2026.
Following a review of the ruling and available evidence, the Director of Public Prosecutions opted to discontinue the murder charge while maintaining the remaining criminal counts.
“The discontinuation of the murder charge does not amount to an acquittal of the accused persons,” the ODPP said, adding that the High Court had noted future proceedings could still be initiated should new evidence emerge.
The ODPP maintained that the accused officers will continue to face prosecution at the Kahawa Law Courts as the State pursues accountability for the alleged abduction and disappearance of the three individuals.
The case remains one of the most politically sensitive investigations arising from the 2022 election period, given that it involves officers linked to a DCI unit that operated under former Director-General George Kinoti.
The prosecution agency reiterated that its decisions are guided by the Constitution, the law, available evidence, and the broader interests of justice.
The matter now proceeds at the Kahawa Law Courts, where the abduction-related charges will continue despite the withdrawal of the murder prosecution.