The High Court in Kiambu has ordered the release of 15 former officers drawn from the now-disbanded Special Service Unit (SSU), Kenya Wildlife Service (KWS), and the National Intelligence Service (NIS), who are facing charges of murdering two Indian nationals and their Kenyan driver.
The group is implicated in the enforced disappearance of Mohamed Zaid Sami, Zulfiqar Ahmed Khan, and taxi driver Nicodemus Mwania Mwange in July 2022.
Justice Francis Ole on Monday ruled that despite the gravity of the offence, the State failed to prove compelling reasons to deny bail, noting that the accused were Kenyan citizens with strong community ties and that speculation on threats to witnesses or national security could not substitute for evidence.
The court set stringent conditions, allowing each accused to secure freedom on a cash bail of Ksh.1 million each or a bond of Ksh.3 million with one surety.
They must also deposit their passports, remain within Kenya unless permitted otherwise, attend court without fail, and refrain from contacting or intimidating witnesses.
Justice Ole further stated that the bail may be revoked if any of the conditions are violated.
Mr Sami and Mr Khan are said to have arrived in Kenya in April 2022 to join the then deputy president William Ruto’s ICT campaign team ahead of the August 2022 General Election.
They went missing on July 25 after they were abducted outside the Ole Sereni Hotel in Nairobi.
