Nairobi — The probe into the enforced disappearance of two Indians and their Kenyan driver has taken a new twist after the Director of Public Prosecution (DPP) Renson Ingonga revealed that his office is looking into whether the case meets the threshold of murder and torture as a Crime against Humanity under the International Crimes Act No. 16 of 2008.
While issuing an update on the case, Ingonga said that preliminary investigations have shown the complex nature of the matter and has directed the Inspector-General of police Japhet Koome on the scope, investigations should take.
The DPP highlighted that Kenya is a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance, which defines enforced disappearance under Article 2 and enumerates the fundamental, non-derogable rights of victims of this heinous crime under Article 24.
“The DPP is dedicated and committed to the basic principle that victims and their families have a right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person, and further recognizes the national and international resolve to end extrajudicial killings and enforced disappearances in Kenya or elsewhere,” he said.
The DPP reiterated his commitment to continue the coordination, cooperation and collaboration with the National Police Service (NPS) into the foreseeable future to enhance accountability and efficiency in the prosecution of similar cases within the criminal justice system.
Ingonga further expressed his resolve to upholding the rule of law and respect for Human rights in the country.
“All persons found culpable and others who may still be at large, shall be prosecuted to the fullest extent of the law,” he said.
The DPP’s statement follows developments in the case of the enforced disappearance of Nicodemus Mwania Mwange, a Kenyan national, and two Indians, Mohamed Zaid Sami and Zulfiqar Ahmed Khan, which came up for mention on Tuesday before the Kahawa Law Courts Principal Magistrate, Gideon Kiage.
The case relates to allegations that police officers who were serving in the disbanded Special Services Unit (SSU) together with other security agencies committed various offences including; planning and execution of the enforced disappearance and forceful abduction of the three.
Consequently, the Internal Affairs Unit (IAU) conducted a comprehensive investigation into the matter and forwarded the inquiry file for perusal and directions.
On October 16, 2023, the DPP, upon thorough evaluation of the facts and evidence contained in the inquiry file, and taking into account the relevant laws and the decision to charge guidelines 2019, was satisfied that prima facie, the accused persons are culpable, and directed that the accused persons be charged accordingly.
The 15 accused persons, which include 13 DCI officers from the disbanded Special Services Unit (SSU), one (1) officer from the National Intelligence Service and one (1) Warden from the Kenya Wildlife Service are facing the charges on the abduction with intent to murder contrary to Section 258 of the Penal Code Chapter 63, Laws for Kenya.
They are also accused of conspiracy to commit a felony contrary to Section 393 of the Penal Code, Chapter 63, Laws of Kenya.