DPP Loses Appeal On SSU Officers Linked To Indians' Abduction
DPP Loses Appeal On SSU Officers Linked To Indians’ Abduction
The officers who are attached to National Security Agencies were jointly charged with 17 counts related to events surrounding the alleged abduction and disappearance of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan, and their driver, Nicodemus Mwania Mwange, on the night of July 22 and 23 in 2022.
They took a plea on October 17, 2023, and denied all charges.
A month later, the trial Court ordered their release, on a bond of Sh3 million or in the alternative, a cash bail of Sh1 with one contact person.
But the DPP being aggrieved with that decision appealed.
They asked the court to consider and appreciate the seriousness of the offenses the accused persons are facing while stating that the offenses have international recognition.
They also argued that there is a possibility of the accused persons interfering with prosecution witnesses.
“The need to protect the witnesses and evidence against interference takes precedence over the Respondent’s right to bail,” they told the court.
But Kiambu Judge Dorah Chepkwony in dismissing their appeal said allegations of witness interference were not proven.
“Without supporting evidence, such claims are to be found insufficient to warrant denial of an accused person’s release on bond/bail terms. It is worth noting that the absence of affidavits, specific details of the alleged threats, or testimony to corroborate the claim, only serves to weaken the prosecution’s argument in this regard,” the judge said.
She said she had not come across any evidence that the threats allegedly received by the witnesses were sent or caused by the officers.
“Without sufficient evidence to substantiate the alleged threats, this court cannot conclude that the respondents’ release would pose an immediate and credible risk to witnesses,” she added.
She agreed with the trial court’s finding which emphasized that unsubstantiated allegations of interference do not meet the threshold of compelling reasons to deny an accused (in this case the officers) release on bail/bond terms.
In closing, the judge said that the prosecution’s concerns over witness interference while valid, lack the evidentiary support necessary to meet the threshold of compelling reasons as required under the Criminal Procedure Code.
“It is hereby reiterated that allegations of threats and coercion must be substantiated through affidavits or testimony to provide a basis for denying the accused release on bond and bail. In the absence of such evidence, this Court finds that in this case, the prosecution’s arguments have not outweighed the respondents’ constitutional rights to bail and the presumption of innocence,” she said.
She dismissed the appeal by the DPP and adopted the same bond terms that were set by the trial court.
She directed the officers to comply with the said terms, in order to be released on bond.
“For those who had already complied with the said terms, the same is to be confirmed by the trial Court so that they can be released immediately,” she said.
DPP Loses Appeal On SSU Officers Linked To Indians’ Abduction
