MOMBASA, Kenya — Seven soldiers accused of trafficking methamphetamine valued at Sh192 million were on Monday released on bond after a Mombasa court declined to further extend their custodial detention pending completion of investigations.
Senior Resident Magistrate Gladys Ollimo ordered that each suspect be released on a Sh500,000 surety bond or an alternative cash bail of a similar amount. The court further directed the accused to provide one contact person and report weekly to the Anti-Narcotics Police Unit.
The suspects — Duke Nyamwaya, Juma Mwinyifaki, Michael Kariuki, Elijah Mbogo Gacog’u, James Ekiru, Abdulrehman Salad, and Abdirahman Abdi Kuno — are alleged to have trafficked 25 kilograms of methamphetamine packed in whitish crystalline packets.
During the proceedings, the Office of the Director of Public Prosecutions (ODPP) told the court that investigations were still ongoing, with prosecutors awaiting a government chemist’s report to guide the appropriate charges.
Principal Prosecution Counsel Brenda Oganda and Prosecution Counsel Yassir Mohammed said the ODPP could not approve charges without scientific confirmation of the seized substance.
“The decision to charge is guided strictly by facts, evidence, and the law, and must meet the constitutional threshold required for criminal prosecutions,” the prosecutors told the court.
They explained that investigators and prosecutors do not have the mandate to analyse or classify suspected narcotics, noting that the government chemist’s report was critical in determining the nature of the offence and the charges to be preferred.
The prosecution further submitted that ODPP charging decisions are independent and guided by binding criteria meant to uphold the rule of law while safeguarding the constitutional rights of suspects.
Detective Issack Njoroge of the Directorate of Criminal Investigations (DCI) urged the court to extend the suspects’ custodial detention pending the outcome of the chemical analysis, stating that the seized substance had already been forwarded for examination.
He told the court that the investigation file had been submitted to the ODPP and that the government analyst’s report was expected by January 3, 2026.
However, defence lawyers opposed any further detention, arguing that continued custody without formal charges violated the Constitution and that delays at the government chemist’s office could not be used to curtail the suspects’ liberty.
In her ruling, Magistrate Ollimo declined to extend the detention orders, holding that further incarceration without charges was unjustified. She ordered the release of the suspects on bond and directed that the matter be mentioned on January 6, 2026, for further directions as investigations continue.
