High Court drops murder case against 15 ex-SSU officers over two missing Indians, Kenyan taxi driver
High Court drops murder case against 15 ex-SSU officers over two missing Indians, Kenyan taxi driver
The High Court has terminated murder proceedings against 15 former officers of the disbanded Special Service Unit (SSU) who had been accused over the disappearance and suspected killing of two Indian nationals and their Kenyan taxi driver, marking a dramatic turn in one of Kenya’s most closely watched police accountability cases.
In a notice filed before the Kiambu High Court, the Office of the Director of Public Prosecutions (ODPP) entered a nolle prosequi, formally discontinuing the murder case against the officers.
The notice, signed by Senior Assistant Director of Public Prosecutions Gikui Gichuhi on June 19, 2026, stated that proceedings against the accused persons “shall not continue henceforth.”
The officers had been charged with murder contrary to Section 203 as read together with Section 204 of the Penal Code over the alleged killing of Indian nationals Zulfiqar Khan and Mohamed Zaid and their Kenyan taxi driver, Nicodemus Mwania.
“The Republic intends that proceedings against the accused persons shall not continue henceforth,” the prosecution stated in the notice.
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The 15 officers affected by the decision are John Macharia Wanjiru, Peter Muthee Gachiko, James Kibosek Tanki, Joseph Mbugua Kamau, Simon Muhuga Gikonyo, David Chepching Kipsoi, Stephen Luseno Matunda, John Mwangi Kamau, Paul Njogu Muriithi, Hillary Kipchumba, Fredrick Thuku Kamau, Joseph Mwenda Mbaya, Boniface Otieno Mtula, Elikana Njeru Mugendi and Michael Kiplangat Bett.
However, despite the withdrawal, the matter is not yet fully settled. The case will be mentioned before the Kiambu High Court for directions on the legal framework under which the nolle prosequi has been entered.
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Parties are expected to make submissions on whether the discontinuation should be treated under Section 87(a) of the Criminal Procedure Code, which allows withdrawal of charges before a final judgment and permits future prosecution, or under Section 210 of the Criminal Procedure Code, which results in an acquittal where the prosecution fails to establish a prima facie case.
The ODPP has not publicly disclosed the reasons behind the withdrawal of the murder charges, a move likely to raise fresh questions about the future of investigations into the fate of the three men.
The three disappeared in July 2022 while in Nairobi, sparking international concern and drawing attention to allegations of enforced disappearances linked to rogue security officers.
Their disappearance became one of the most prominent cases associated with the SSU, an elite Directorate of Criminal Investigations (DCI) unit that was later disbanded by President William Ruto amid allegations of extrajudicial killings and unlawful operations.
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