The Kahawa Law Courts in Kenya 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 first establish the status of pending appeals and proceedings before the Superior Courts challenging the fresh charging of the former officers. This decision was made on October 01, 2026.
The defence team, led by lawyer Danstan Omari, had asked the court not to proceed with plea taking, arguing that the fresh charges substantially reproduce an earlier case involving the same accused persons, facts and evidence. They also pointed to pending proceedings and orders before the Superior Courts. The lawyers believe that these previous cases and orders have a bearing on the fresh charges.
The prosecution, however, maintained that the ODPP had the constitutional authority to institute fresh criminal proceedings and that the termination of the earlier case did not permanently bar a fresh prosecution. The ODPP is of the view that it has the mandate to bring new charges against the accused persons.
The court was particularly concerned with the orders and proceedings arising from earlier litigation, including matters before the High Court and the Court of Appeal. The court opted to examine the status and effect of the pending proceedings before allowing the fresh case to proceed to plea-taking. This approach will ensure that the court takes into account all relevant factors before making a decision.
The case has its origins in proceedings arising from the alleged abduction of the two Indian nationals and their taxi driver in 2022. The accused officers had previously faced related criminal proceedings before the fresh charges were instituted. The dispute over the new prosecution has generated several court cases, including a High Court petition and an appeal before the Court of Appeal.
The directive means that 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 relevant orders have been established. The court has given the ODPP the task of tracking the pending appeals and establishing their current status.
The case has significant implications for the accused persons and the prosecution. The court's decision to defer plea taking has delayed the progression of the case. Key points to note include:
Key points
- The court has deferred plea taking for the 15 former SSU officers.
- The defence team had argued that the fresh charges reproduce an earlier case.
- The ODPP maintains that it has the authority to institute fresh criminal proceedings.
