Our case is politically instigated, DCI cops tell court

Nine DCI officers who served in the disbanded Special Service Unit now claim their arrest is politically instigated.

Investigators are seeking to hold Peter Muthee Gachiku, Francis Ndonye, John Mwangi, Joseph Kamau, Joseph Mwenda, David Chepcheng, Stephen Luseno, Paul Njogu and Simon Muhunga for 30 days pending investigations.

But the officers have opposed the application saying the intention is to frustrate and intimidate them in a politically instigated case.

The officers have denied any involvement in the abduction and disappearing of Mohamed Zaid and Zulfiqar Ahmad and their driver Nicodemus Mwania.

They are being probed in connection with the abduction of the two Indians and their taxi driver with the Internal Affairs Unit seeking to detain them for a month.

The officers say the arrest and detention was politically instigated, saying top state officials have weighed in on the matter.

"In his Mashujaa Day speech, the head of state explicitly stated that they had issued directions for investigations in regard to the instant matter not withstanding the fact that the National Police Service is an independent office only subject to directions from the office of the DPP," the officers say in their affidavits.

They say they should be charged straight away if the IAU has relevant facts that they were involved in the crime.

Mwenda, Chepcheng, Luseno, Njogu, and Muhunga were the last officers to be taken to court on Thursday last week with IAU seeking to hold them pending investigations.

On Monday last week, Gachiku, Ndonye, Mwangi, and Kamau were arraigned in connection with the July disappearances of Zaid and Ahmad and Mwania.

The officers also vehemently opposed DNA sample profiling stating that there is a likelihood of the DNA being planted on the alleged recovered items to yield the desired results.

“They have not even indicated with certainty which items they are intending to compare the samples with,” the affidavits read.

Alternatively, the officers agreed to a DNA test on condition that it is carried at the government chemist. They also want to be present during the entire process of matching of the samples.

The nine suspects also alleged that IAU had already interfered with their phones and is now sanitising illegalities already committed.

They termed IAU allegation of a multiagency operation that was involved in the abduction and disappearance of the three as “unnecessarily sensational”.

They said since the investigators did not mention the name of the person alleged to have threatened the IAU officers during probing; they would not involve themselves with the remarks.

Through their lawyer Danstan Omari, the nine agents questioned the jurisdiction of the Kahawa Law Court as the place of crime is alleged to be in Aberdare forest and Mombasa Road.

Omari said the allegations in the application were not backed by any evidence. They denied having worked in cahoots with any serving police officers or security agents and that they were not in a position of interfering with any investigation.

Ndonye also denied driving the Subaru that allegedly intercepted the two Indians and their taxi driver on the night of July 22 and 23.

“On the night of the incident, I had travelled to Makindu in Makueni county visiting my family,” he said.

The defence team argued IAU lacks the mandate to charge them, despite the argument having been dismissed by Chief Magistrate Diana Mochache on October 26, 2022.

“It is within the mandate of IAU to investigate such cases, but upon conclusion, they should forward the file to the Director of Public Prosecutions through the DCI,” Kahawa Law Courts Chief Magistrate Diana Mochache ruled.

IAU wants a DNA test performed on four suspects and a forensic audit of their phones and other electronic gadgets.

“Preliminary investigations including the vehicles GPS and call data record places the suspects and their vehicles and other actors at the scene of the crime and possible location where their bodies were dumped,” IAU investigator Michael Kirui said in an affidavit.

He said Ndonye was driving Subaru belonging to the SSU that intercepted the three. Upon abduction the motor vehicle, Fielder, was abandoned at the scene.

“On the night of their abduction, the two were in a taxi driving home when their vehicle was forcefully stopped at the Southern Bypass interchange near Ole Sereni and the three were abducted," Kirui told court.

The case was reported at Akila and Riruta police stations and was being investigated by DCI Langata but was later taken over by AIU.

Kirui said the interception of the three was a multi-agency operation between DCI and other security agencies.

“Preliminary investigations including the vehicles GPS and call data record places the suspects and their vehicles and other actors at the scene of crime and possible location where their bodies were dumped,” he said.

According to the application, Kamau was the crew while Mbugua was driving another car that is believed to have been used in dumping the bodies in Abedares Forest.

“Call data indicates that Gachiku communicated with the teams before, during and after inception. He was also in communication late in the night with other persons of interest, which, are yet to be identified and he is believed to have been briefing them on the operation,” Kirui told court.

Kirui pleaded to have the officer held for a month because “they are likely to interfere with investigations if released since they were working in cahoots with other police officers”.

Police Reforms Working Group Kenya called for sanctions immediately after Ruto disbanded SSU.

“We urge the IAU of the National Police Service to initiate an investigation into the activities of the SSU… and to make strong recommendations to the Inspector General of Police and Director of Public Prosecutions to take action and seek justice and accountability,” the group said.

Independent Policing Oversight Authority  promised to deliver justice for all victims of SSU and other forces.

“No suspected police-committed death will go without investigation,” IPOA’s chairperson, Ann Makori, told a news conference.