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The High Court in Kiambu has ordered the release of 15 former officers accused of being involved in the disappearance and killing of two Indian nationals and their Kenyan driver in 2022. The officers, who were drawn from the now-disbanded Special Service Unit (SSU), the Kenya Wildlife Service (KWS), and the National Intelligence Service (NIS), had been in custody over charges connected to the deaths of Indian nationals Mohamed Zaid Sami and Zulfiqar Ahmed Khan, alongside taxi driver Nicodemus Mwania Mwange.
The three victims went missing in July 2022, sparking a public outcry and drawing attention to cases of enforced disappearances in the country. Mr. Sami and Mr. Khan had arrived in Kenya in April 2022 to be part of the then-deputy president William Ruto’s ICT campaign team ahead of the General Election. Their disappearance, along with that of their driver, raised suspicions of state involvement and increased scrutiny on security agencies, especially the Special Service Unit, which was later disbanded by the government.
On Monday, Justice Francis Ole delivered a ruling that set the stage for the officers’ release. Despite acknowledging the seriousness of the charges, the judge stated that the State had not presented strong evidence to justify denying bail. He explained that while the offence was grave, speculation about threats to witnesses or risks to national security could not replace actual evidence. The judge further emphasized that all the accused were Kenyan citizens with strong ties to the community, which reduced concerns about them fleeing the country.
Justice Ole ruled that the 15 officers could secure their freedom by paying a cash bail of Ksh.1 million each or by posting a bond of Ksh.3 million with one surety. In addition to the financial terms, the court imposed strict conditions to ensure compliance. The officers must deposit their passports with the court, and they are not allowed to leave Kenya without explicit permission. They are also required to attend all court sessions without fail and are strictly forbidden from contacting or intimidating witnesses in any way.
The court made it clear that these conditions were not negotiable. Justice Ole cautioned that any violation of the bail terms would lead to immediate revocation of their release, meaning they would be returned to custody. The ruling, while opening the door for the officers to regain their freedom, keeps them under close watch to ensure the ongoing case is not compromised.
The decision has once again brought the case into the public spotlight, reminding Kenyans of a troubling chapter that exposed deep concerns about accountability in law enforcement and intelligence operations. The disappearance of Sami, Khan, and Mwange not only strained relations between Kenya and India at the time but also highlighted the issue of extrajudicial killings and forced disappearances, which human rights groups have long accused Kenyan security agencies of committing.
The families of the victims continue to seek justice, hoping that the court process will reveal the truth behind the killings and hold those responsible accountable. On the other hand, the release of the accused officers on bail is likely to spark mixed reactions, with some viewing it as a fair application of the law and others fearing it may weaken the pursuit of justice.
As the case proceeds, all eyes will remain on the courts, with the public, the victims’ families, and international observers waiting to see whether justice will truly be served in one of the country’s most high-profile murder and disappearance cases.