Eight KDF Soldiers Released After State Fails to Charge Them in Ksh8.2 Billion Meth Case

Eight Kenya Defence Forces (KDF) soldiers arrested over the disappearance of part of a Ksh8.2 billion methamphetamine consignment seized in the Indian Ocean on October 19 have been released on strict conditions after the State failed to formally charge them.

Mombasa Senior Resident Magistrate Gladys Ollimo ruled that the prosecution had not provided sufficient grounds to justify continued detention in the absence of charges.

The court rejected the State’s argument that it was still waiting for an analyst’s report from the Government Chemist, finding that the explanation did not warrant holding the suspects any longer.

“The court cannot be converted into a holding facility when investigations are complete. In my view, there is no sufficient reason to continue holding the suspects,” the magistrate said.

The court freed the suspects on a bond of Ksh500,000 each, with an alternative cash bail of the same amount. It also ordered them to surrender their travel documents to the court and to report to the investigating officer as directed. The soldiers cannot travel outside the country without prior court approval.

Investigating officer Isaac Njoroge told the court that investigators had completed their work but could not institute charges because they had not yet received the Government Analyst’s report. He said the report was expected next month and asked the court to extend the custodial orders until it became available.

“Earlier today, we had the file and the charges ready, but after consultations with the Office of the Director of Public Prosecutions, it was agreed that the charges could not proceed without the Government Analyst’s report,” he said.

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He explained that the Office of the Director of Public Prosecutions could not approve the charges without the report, which is expected to confirm whether the 24 kilograms of the white substance recovered is indeed methamphetamine.

“We have contacted the Government Analyst, who has indicated that the report will be ready by January 3. We are therefore seeking an extension to allow time for the report to be prepared,” he added.

The prosecution maintained that investigators must comply with established legal and procedural requirements before preferring charges, including securing key evidentiary documents. However, the suspects, through their lawyer, opposed the application, arguing that the State had not demonstrated any compelling reason to justify an extension of their detention.

The defence further argued that the investigating officer should have filed a formal affidavit to seek the extension instead of making an oral application, which they described as an ambush.

“There should be no further extension of custodial orders. The decision to charge the suspects does not depend on the Government Analyst’s report. This file ought to be closed,” the defence submitted.

The suspects also challenged the credibility of the investigating officer’s claim that charges were ready despite the absence of the Government Analyst’s report. They argued that the Office of the Director of Public Prosecutions (ODPP) should either close the file, formally charge them, or release them, instead of repeatedly seeking extensions of their detention on what they described as weak grounds.

“There is no legal basis for this kind of application. The court should not allow the State to trample on the rights of the suspects. The investigating officer has already concluded his investigations and has no further use for the suspects,” they said.

The court sided with the defence, finding that the lack of a Government Analyst’s report, where investigations have already concluded, does not justify continued detention.

The eight KDF soldiers, all attached to the Kenya Navy, have been in custody since last month over the disappearance of part of a Ksh8.2 billion narcotics consignment seized from Iranian suspects in the Indian Ocean on October 19. Sources within the Kenya Defence Forces say internal probes led to the soldiers’ dismissal before authorities handed them over to the Anti-Narcotics Police Unit for further action.

The soldiers formed part of a Kenya Navy team deployed to intercept the dhow MV Mashallah, which officers found ferrying 1,024 kilograms of crystalline methamphetamine falsely declared as coffee. The suspects are Duke Nyamwaya, Juma Mwinyifaki, Michael Kariuki, Elijah Mbogo, James Ekiru, Abdulrehman Salad, Abdirahman Abdi, and a co-suspect whose case file is being handled separately.

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