ODPP drops murder charges against 15 suspects in 2022 disappearance case
In a statement issued on Monday, the ODPP said the decision was made through a Nolle Prosequi after a review of the case and follows a High Court ruling that declined an application to consolidate murder charges with an ongoing case before the Kahawa Law Courts.
The Office of the Director of Public Prosecutions has dropped murder charges against 15 suspects linked to the 2022 disappearance of Mohamed Zaid Sami Kidwai, Zulfiqar Ahmed Khan and their driver, Nicodemus Mwania Mwange, even as other criminal charges against them remain active before court. The decision, announced on Monday, follows a review of the case and a High Court ruling that rejected efforts to merge the murder file with an ongoing matter at the Kahawa Law Courts.
According to the ODPP, the matter first took shape in October 2023 when the 15 accused persons were charged with offences tied to alleged abduction, torture, conspiracy and forgery related to the disappearance of the three individuals. Investigations later advanced, leading prosecutors to revisit the file as new information emerged.
"Following a further review of investigations in June 2024, additional evidence emerged suggesting that the three missing persons may have been murdered," the statement said.
Based on that development, the prosecution filed separate murder charges at the High Court in Kiambu and later sought to have all the charges handled together for hearing. However, that request did not succeed after the court declined the application on May 30, 2026.
The ODPP said it later exercised its legal mandate to keep reviewing ongoing criminal cases and opted to discontinue the murder charges through a Nolle Prosequi. The office, however, stressed that the move does not clear the suspects of blame.
"The discontinuation of the murder charge does not amount to an acquittal of the accused persons," the statement said, noting that the High Court also observed that fresh proceedings could still be brought based on the same facts if the situation allows.
Despite the withdrawal of the murder count, the 15 accused persons will continue to face prosecution at the Kahawa Law Courts over several other charges connected to the alleged abduction and related offences.
"The ODPP remains committed to ensuring that all decisions are guided by the Constitution, the law, the evidence available, and the interests of justice," the statement added.
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