NAIROBI, Kenya — Kahawa Law Courts has deferred plea taking for 15 former Special Service Unit (SSU) officers facing fresh charges over the alleged 2022 abduction of two Indian nationals and their taxi driver.
The court directed the Office of the Director of Public Prosecutions (ODPP) to establish the status of pending appeals and proceedings before the High Court and Court of Appeal before the new case can proceed.
The direction followed a review of previous proceedings involving the accused officers and orders issued by the Superior Courts.
Defence Challenges Fresh Charges
The defence, led by lawyer Danstan Omari, asked the court to halt plea taking, arguing that the fresh charges substantially reproduce an earlier case involving the same accused persons, facts and evidence.
The lawyers also cited pending proceedings and orders before the Superior Courts, arguing that they could affect the new prosecution.
The prosecution, however, maintained that the ODPP has constitutional powers to institute fresh criminal proceedings.
Prosecutors argued that the termination of the earlier case did not permanently prevent the State from bringing fresh charges.
Court Seeks Clarity On Pending Cases
In its directions, the court opted to first establish the status and effect of the pending proceedings before allowing the fresh case to proceed to plea taking.
The court was particularly concerned with earlier litigation before the High Court and Court of Appeal, including proceedings relating to the allegations against the former officers.
The dispute over the fresh prosecution has resulted in several court proceedings, including a High Court petition, litigation concerning murder charges and an appeal before the Court of Appeal.
The ODPP was directed to track the pending appeals and establish their current status, as well as the relevant court orders.
The directive means the 15 former officers will not take plea in the fresh case at this stage.
The matter will return to court after the status of the pending Superior Court proceedings and the effect of the relevant orders have been established.
The case stems from the alleged 2022 abduction of the two Indian nationals and their taxi driver, for which the former SSU officers had previously faced related criminal proceedings.
