Nairobi — Seven soldiers accused of trafficking methamphetamine valued at Sh192 million were on Monday released on bond after a Mombasa court declined to further extend their custodial detention.
Senior Resident Magistrate Gladys Ollimo ordered that each suspect be released on a Sh500,000 surety bond or an alternative cash bail of a similar amount, provide one contact person, and report weekly to the Anti-Narcotics Police Unit.
The suspects, Duke Nyamwaya, Juma Mwinyifaki, Michael Kariuki, Elijah Mbogo Gacog'u, James Ekiru, Abdulrehman Salad, and Abdirahman Abdi Kuno allegedly trafficked 25 kilograms of methamphetamine, packed in whitish crystalline packets.
The court heard that investigations were still ongoing, with the Office of the Director of Public Prosecutions (ODPP) awaiting a government chemist's report to guide the appropriate charges. Principal Prosecution Counsel Brenda Oganda and Prosecution Counsel Yassir Mohammed told the court that the ODPP could not approve charges without clear scientific classification of the seized substance.
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They said the decision to charge is guided strictly by facts, evidence, and the law and must meet the constitutional threshold set for criminal prosecutions.
The prosecutors explained that investigators and the prosecution lack the mandate to analyze or classify suspected narcotics, noting that the government chemist's report was critical in determining the nature of the offence and the charges to be preferred.
They further submitted that the ODPP's charging decisions are made independently and are guided by binding criteria aimed at upholding the rule of law while safeguarding the rights of suspects.
Detective Issack Njoroge of the Directorate of Criminal Investigations prayed to the court to extend the custodial detention of the suspects pending the outcome of the government chemist's analysis report.
He said the seized substance had already been forwarded for examination and that the investigation file had been submitted to the ODPP, with the analyst's report expected by January 3.
However, defence lawyers opposed any further detention, arguing that continued custody without formal charges was unconstitutional and that delays at the government chemist could not be used to deny the suspects their liberty.
In her ruling, Hon. Ollimo declined to extend the detention orders, released the suspects on bond, and directed that the matter be mentioned on 6 January 2026 for further directions as investigations continue.
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