Charges of kidnapping and conspiring to commit an offense have been approved by the Directorate of Public Prosecutions (DPP) against officers of the disbanded Special Service Unit (SSU), who are accused of kidnapping and killing two Indians working for the UDA party and their Kenyan taxi driver
Mohamed Ziad Sami Kidwai and Zulfiqar Ahmed Khan, two foreign nationals who reportedly entered the country in April 2022 to work on President William Ruto’s digital campaign team, vanished on July 25 after being kidnapped along with their taxi driver Nicodemus Mwania by unidentified assailants outside the Ole Sereni hotel in Nairobi.
Senior Assistant Director of Public Prosecutions Joseph Riungu claims in a letter to the head of the Internal Affairs Unit (IAU), the body looking into the issue.
“In respect of the investigation into the proposed offence of murder, we note that the said report from the Government Chemist analyst and the DNA sample are not yet ready. Therefore, the decision on the said proposed charge will be made when the same is completed and analysed. Consequently, you are directed to arraign the said suspects to answer to the said charges,” reads the letter.
In order to obtain DNA samples from the victims’ relatives, three IAU detectives traveled to India last month with the help of a physician.
The DPP retrieved the case file for a fourth time last week, according to sources, to make sure that the investigators had followed instructions, including retrieving the DNA samples.
The inquiry showed that DCI personnel did not act in unison throughout the incidents leading to the three victims’ kidnapping and murder. Several officials from other government agencies participated in the planning and helped the SSU officers carry out their illicit operations.
More personnel from other security services are likely to be charged alongside the SSU officers later this month, according to affidavits submitted to the Kahawa Magistrate’s Court and emails between the IAU and the Kenya Wildlife Service.
When CCTV evidence showed the two Indian men’s automobile being halted and taken by armed men who left the vehicle at the location of the kidnapping, the relatives of the two men last year connected their disappearance to state agents.
Noor Gabow, who was the acting inspector general of police at the time, gave the IAU the go-ahead to conduct the inquiry and submit a report for consideration on September 15 of last year.
Over 21 SSU personnel were interrogated regarding their alleged involvement in the kidnapping and murders. The investigation’s results were then presented.
The conclusions included a recommendation that the unit be disbanded to allow for the resolution of any outstanding issues in the case before the file was sent to the DPP for guidance.
The unit was disbanded the next month, and its 58 officers were dearmed and placed on an obligatory 30-day leave as investigations into their behavior progressed. Later, Mr. Gabow gave the order for the men to be sent to different units.