Plea taking for 15 former Special Service Unit (SSU) officers accused over the alleged 2022 abduction of two Indian nationals and their taxi driver has been deferred.
Kahawa Law Courts directed the Office of the Director of Public Prosecutions (ODPP) to first establish the status of pending cases and appeals before the fresh charges can proceed.
The defence, led by lawyer Danstan Omari, opposed the plea-taking, arguing that the new charges largely repeat an earlier case involving the same accused persons, allegations and evidence.
The defence also pointed to ongoing proceedings before the High Court and Court of Appeal, arguing that the cases could affect the fresh prosecution.
The prosecution, however, maintained that the ODPP has the constitutional authority to institute fresh criminal proceedings, saying the termination of the earlier case did not permanently bar a new prosecution.
The court said it needed to establish the status and effect of the pending proceedings before allowing the fresh case to proceed.
The former officers had previously faced related criminal proceedings arising from the alleged abduction of the two Indian nationals and their taxi driver in 2022.
The dispute over the fresh charges has since resulted in several court proceedings, including a High Court petition and an appeal before the Court of Appeal.
The court has now directed the ODPP to establish the status of the pending matters and relevant orders.
The 15 former officers will therefore not take plea in the fresh case at this stage. The matter will return to court once the status of the proceedings before the Superior Courts has been clarified.Fresh Charges Against 15 Ex-SSU Officers Hit Legal Hurdle.
Plea taking for 15 former Special Service Unit (SSU) officers accused over the alleged 2022 abduction of two Indian nationals and their taxi driver has been deferred.
Kahawa Law Courts directed the Office of the Director of Public Prosecutions (ODPP) to first establish the status of pending cases and appeals before the fresh charges can proceed.
The defence, led by lawyer Danstan Omari, opposed the plea-taking, arguing that the new charges largely repeat an earlier case involving the same accused persons, allegations and evidence.
The defence also pointed to ongoing proceedings before the High Court and Court of Appeal, arguing that the cases could affect the fresh prosecution.
The prosecution, however, maintained that the ODPP has the constitutional authority to institute fresh criminal proceedings, saying the termination of the earlier case did not permanently bar a new prosecution.
The court said it needed to establish the status and effect of the pending proceedings before allowing the fresh case to proceed.
The former officers had previously faced related criminal proceedings arising from the alleged abduction of the two Indian nationals and their taxi driver in 2022.
The dispute over the fresh charges has since resulted in several court proceedings, including a High Court petition and an appeal before the Court of Appeal.
The court has now directed the ODPP to establish the status of the pending matters and relevant orders.
The 15 former officers will therefore not take plea in the fresh case at this stage. The matter will return to court once the status of the proceedings before the Superior Courts has been clarified.
