Eight Kenya Defence Forces (KDF) soldiers arrested over the disappearance of part of a Ksh8.2 billion methamphetamine consignment seized in the Indian Ocean have been released after the State failed to formally charge them.
The soldiers were freed by Mombasa Senior Resident Magistrate Gladys Ollimo, who ruled that the prosecution had not provided sufficient grounds to justify their continued detention in the absence of charges. The court dismissed the State’s request for an extension of custodial orders, stating that the explanation offered did not meet the legal threshold required to keep the suspects in custody.
In her ruling, Magistrate Ollimo rejected the prosecution’s argument that investigators were still waiting for a Government Analyst’s report from the Government Chemist. She noted that investigations had already been concluded and that the court could not be used as a holding facility while the State waited for documentation.
“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 ruled.
The eight soldiers were released on a bond of Ksh500,000 each, with an alternative cash bail of the same amount. The court also ordered them to surrender their travel documents and to report to the investigating officer as directed. They were barred from leaving the country without prior court approval.
Investigating officer Isaac Njoroge told the court that police had completed investigations and were ready to prefer charges but could not proceed without the Government Analyst’s report. He said consultations with the Office of the Director of Public Prosecutions (ODPP) had resulted in a decision to delay charging until the report confirmed whether the recovered substance was methamphetamine.
“We had the file and charges ready, but after consulting the ODPP, it was agreed that the charges could not proceed without the analyst’s report,” Njoroge said, adding that the report was expected by early January.
The prosecution sought an extension of the custodial orders to allow time for the report to be prepared, arguing that it was a critical evidentiary requirement. However, the defence opposed the application, saying the State had failed to demonstrate any compelling reason for further detention.
The defence further argued that the investigating officer should have filed a formal affidavit instead of making an oral application, which they described as procedurally improper. They also questioned the claim that charges were ready despite the absence of the analyst’s report, urging the court to either charge the suspects or release them.
The court sided with the defence, finding that delays related to internal prosecutorial processes could not justify continued detention once investigations had been concluded.
The soldiers, all attached to the Kenya Navy, were arrested last month following the disappearance of part of a narcotics consignment seized on October 19 from a dhow intercepted in the Indian Ocean. The vessel, MV Mashallah, was found ferrying 1,024 kilograms of crystalline methamphetamine concealed as coffee.
Sources within the KDF say the soldiers were dismissed after internal investigations before being handed over to the Anti-Narcotics Police Unit. Investigations into the case are ongoing, and charges may still be filed once the analyst’s report is released.
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