
Lead image for Slain Ruto poll experts: Court terminates murder proceedings against 15 DCI, NIS officers.
The High Court has terminated murder proceedings against 15 security officers who had been charged with the abduction and killing of two Indian nationals and a Kenyan taxi driver ahead of the 2022 General Election.
Justice Francis Olel allowed an application by Director of Public Prosecutions (DPP) Renson Ingonga seeking to discontinue the case through a nolle prosequi, bringing to an end a prosecution that had been pending for more than two years. Justice Olel found that the DPP had acted within his constitutional mandate.
"I do find the entry of the nolle prosequi herein was made with the mandate, in good faith and consistent with the public interest," the judge ruled.
The court noted that the Office of the Director of Public Prosecutions is an independent constitutional office and that the decision to discontinue the case had taken into account relevant legal and public interest considerations.
Former members of the disbanded Special Service Unit at Kahawa Law Courts in Kiambu County on October 17, 2023.
Justice Olel, however, clarified that the discharge of the accused persons does not amount to an acquittal and does not bar future prosecution should new evidence emerge or circumstances change.