Fresh questions continue to emerge over the handling of a high-stakes narcotics case after a Mombasa court on Monday released seven soldiers accused of trafficking methamphetamine worth Sh192 million, even as investigators admitted they were still awaiting a crucial forensic report to approve charges.
Senior Resident Magistrate Hon. Gladys Ollimo ordered that each of the suspects be released on a Sh500,000 surety bond or an alternative cash bail of a similar amount, directing them to provide one contact person and report weekly to the Anti-Narcotics Police Unit. The court declined a request by police to further extend the suspects’ custodial detention.
The seven — Duke Nyamwaya, Juma Mwinyifaki, Michael Kariuki, Elijah Mbogo Gacog’u, James Ekiru, Abdulrehman Salad and Abdirahman Abdi Kuno — are alleged to have trafficked 25 kilograms of methamphetamine packed in whitish crystalline packets, a haul investigators value at Sh192 million.
However, the Office of the Director of Public Prosecutions (ODPP) told the court that it was yet to sanction charges, citing the absence of a government chemist’s report confirming the scientific classification of the seized substance. Principal Prosecution Counsel Ms. Brenda Oganda and Prosecution Counsel Mr. Yassir Mohammed said the ODPP could not proceed without laboratory confirmation, noting that charging decisions must meet constitutional and evidentiary thresholds.
The prosecutors emphasized that neither investigators nor the prosecution have the mandate to analyze suspected narcotics, arguing that the chemist’s report is central to determining both the nature of the offence and the charges to be preferred. They maintained that the ODPP’s decisions are guided by law, evidence, and independent criteria designed to uphold the rule of law while protecting the rights of suspects.
Despite the prosecution’s position, the Directorate of Criminal Investigations (DCI) sought additional time. Detective Issack Njoroge told the court that the seized substance had already been submitted for analysis and that the investigation file had been forwarded to the ODPP, with the analyst’s report expected by January 3.
Defence lawyers opposed any further detention, arguing that holding the suspects without formal charges was unconstitutional. They contended that delays at the government chemist’s office could not lawfully be used to curtail the suspects’ liberty.
In her ruling, Hon. Ollimo declined to extend the detention orders, finding that continued custody without charges would violate constitutional safeguards. She ordered the release of the seven on bond and directed that the matter be mentioned on January 6, 2026, for further directions as investigations continue.
The case has attracted significant public scrutiny due to the alleged value of the drugs involved and the fact that the suspects are serving soldiers, raising broader questions about institutional oversight, investigative preparedness, and the effectiveness of Kenya’s fight against high-level drug trafficking.
