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 Superior Courts that challenge the fresh prosecution of the former officers.
The directive followed the court’s consideration of the history of previous proceedings involving the accused and orders issued by the High Court and the Court of Appeal.
The defence, led by lawyer Danstan Omari, had asked the court to suspend plea-taking, arguing that the fresh charges substantially mirror an earlier case involving the same accused persons, facts and evidence.
The defence further pointed to pending proceedings and orders before the Superior Courts, arguing that they could have a bearing on the new charges.
The prosecution, however, maintained that the ODPP has constitutional authority to institute fresh criminal proceedings and argued that the termination of the earlier case did not permanently bar a fresh prosecution.
In its directions, the court opted to first establish the status and effect of the pending Superior Court proceedings before allowing the fresh case to proceed to plea-taking.
The case stems from the alleged abduction of the two Indian nationals and their taxi driver in 2022. The former SSU officers had previously faced related criminal proceedings before the fresh charges were brought.
The dispute surrounding the new 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 court directed the ODPP to track the pending appeals and establish their current status, as well as the relevant orders issued by the Superior Courts.
As a result, 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 proceedings and the applicable court orders have been established.
