The Director of Public Prosecutions (DPP) Renson Ingonga has filed new charges against 15 security officers over the 2022 kidnapping of two Indians and a Kenyan taxi driver, days after terminating murder charges against them.

A new charge sheet contains 17 counts, including forgery, committing cruel, inhuman and degrading treatment, and cooperating in the execution of cruel, inhuman and degrading treatment.

The suspects will also face charges of intent to murder, conspiracy to commit a felony, and subjecting a person to cruel, inhuman or degrading treatment, contrary to Section 51(3) of the National Intelligence Service Act.

Also Read: 15 DCI, NIS officers charged with murder of Indians linked to Ruto campaigns

The charge sheet states that on July 22, 2022, the security officers drawn from the disbanded Special Services Unit (SSU), National Intelligence Service and Kenya Wildlife Service trailed and intercepted a vehicle carrying Mohammed Zaid Sami Kidwai, Zulfiqar Ahmed Khan, both Indian nationals, and Nicodemus Mwania Mwange, a taxi driver.

Former members of the disbanded Special Service Unit at Kahawa Law Courts in Kiambu County on October 17, 2023.

Photo credit: File | Nation Media Group

It is alleged that they were travelling in four motor vehicles alongside other persons whose identities are yet to be disclosed.

The 15 will be required to appear before Kahawa Law Courts on September 7 to answer to the charges.

The suspects are Peter Gachiku, James Tanki, Joseph Mbugua, David Kipsoi, Joseph Mbaya, John Kamau and Hillary Kipchumba.

From right: Peter Muthee Gachiku, Francis Muendo Ndonye, John Mwangi Kamau and Joseph Kamau Mbgua at the Kahawa Law Courts in Kiambu County yesterday. They have been accused of killing of two Indians and their Kenyan taxi driver.

Photo credit: Dennis Onsongo | Nation Media Group

Others are Stephen Matunda, Simon Gikonyo, Paul Muriithi, Bonface Mtulia, Elikana Mugendi, Fredrick Kamau, John Macharia and Michael Bett.

Last week, the High Court terminated murder charges against the 15 security officers after the DPP entered a Nolle prosequi, citing delay in the move.

Mohamed Zaid Sami and Zulfiqar Ahmed Khan who were killed between July 22 and 23, 2022.

Photo credit: Pool

While discharging the accused persons, the court noted that the DPP had acted within his constitutional mandate and the decision was made in good faith and consistent with the public interest.

The three disappeared in July 2022 after reportedly being hired to work as information and communications technology experts for President William Ruto's 2022 election campaign.

Also Read: Indians, their driver were taken to forest and killed, investigators say

While seeking to terminate the charges, the DPP stated that despite the serious allegations of abduction and murder, no substantive evidence had been presented in more than two years and that a constitutional petition challenging the charges was pending before the Court of Appeal.

Relying on Article 157 of the Constitution and Section 82 of the Criminal Procedure Code, the DPP maintained that he had the constitutional discretion to terminate criminal proceedings and that the court could only reject the request if it was shown to have been made in bad faith or constituted an abuse of power.

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