Fresh Charges Against 15 Former SSU Officers Put on Hold by Kahawa Court
The court directed the Office of the Director of Public Prosecutions to establish the status of related proceedings and pending appeals before the accused persons can take plea.
NAIROBI, Kenya – In a recent development, Kahawa Law Courts has postponed the plea-taking process for 15 former Special Service Unit (SSU) officers who face fresh charges related to the alleged abduction of two Indians and their driver in 2022. The court has instructed the Office of the Director of Public Prosecutions (ODPP) to investigate the status of related proceedings and ongoing appeals before the accused can proceed with their plea.
This decision came after the defence team raised objections, arguing that the new charges are largely similar to an earlier case involving the same individuals, facts, and evidence.
Attorney Danstan Omari, representing the defence, sought the court's intervention to suspend the plea-taking process, citing pending matters in the High Court and the Court of Appeal. He argued that the Superior Courts' orders could influence the ongoing proceedings and should be reviewed before the trial court moves forward with the case.
The prosecution, on the other hand, maintained that the ODPP has the constitutional authority to bring forward criminal charges. They also contended that the termination of an earlier case does not entirely prevent the prosecution from pursuing fresh charges against the accused.
After weighing the case's background and previous court orders, the Kahawa court directed the ODPP to assess the status of pending matters. The prosecution is now required to track the appeals and related proceedings and provide the court with details of relevant orders before the fresh case can proceed. The incident in question involved the alleged abduction of two Indians and their driver in 2022.
The former SSU officers had already gone through criminal proceedings stemming from this incident. Further legal battles included a High Court petition, murder charges, and an appeal before the Court of Appeal. The defence maintained that the previous proceedings are relevant to the new charges, while the prosecution insists that it falls under the ODPP's mandate to initiate a new case.
For now, the 15 former officers will not be taking plea in the fresh charges, and the case will return to court once the ODPP establishes the status of the pending Superior Court proceedings and presents the relevant orders for consideration.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
