Mombasa

Mombasa Court Grants Bail to Seven KDF Soldiers in Major Drug Trafficking Case

MOMBASA — Seven Kenya Defence Forces personnel accused of involvement in a major narcotics case have been released on bail by a Mombasa court, with each posting a bond of Ksh500,000.

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The soldiers face allegations related to possession of 25 kilograms of methamphetamine with an estimated street value of Ksh192 million.

Prosecution Seeks More Time

On Monday, December 22, the Office of the Director of Public Prosecutions informed the court that investigative procedures remained ongoing, with authorities awaiting crucial laboratory analysis from the government chemist.

The Directorate of Criminal Investigations had petitioned the court to maintain custody of the accused persons, explaining that the confiscated substance had been submitted for scientific examination. Officials indicated they anticipated receiving the analytical report by January 3, 2025.

Defence Challenges Extended Detention

Legal representatives for the accused mounted a strong challenge against any prolonged holding period, contending that administrative delays at the government chemist’s laboratory could not justify continued incarceration of their clients.

The defence team emphasized a critical procedural point: that charging decisions by the ODPP require scientific confirmation before proceeding. They argued that neither prosecutors nor investigators possess the technical expertise to independently analyze or categorize suspected controlled substances, making expert laboratory verification essential before formal charges can be properly sustained.

Court’s Ruling

Senior Principal Magistrate Gladys Olimo, presiding over the matter, determined that the anticipated laboratory report—expected by early January—did not constitute adequate grounds for extending the suspects’ detention.

“The court has further been told that the government analyst’s report will be ready by January 3. In my considered view, this is not sufficient reason to justify the continued detention of the respondents. The court cannot be converted into a holding facility while investigations are still incomplete,” Magistrate Olimo stated in her ruling.

She emphasized that absent persuasive justification from the prosecution demonstrating necessity for continued custody, the court would not approve the requested extension.

The Allegations

Law enforcement authorities arrested the seven military personnel following the discovery of what they described as 25 kilograms of suspected methamphetamine. The substance, reportedly packaged in whitish crystalline form, carries an estimated illicit market value of Ksh192 million.

ODPP Defends Prosecution Decision

In a public statement, the Office of the Director of Public Prosecutions defended its choice to proceed with charges against the accused soldiers, maintaining that the decision adhered strictly to evidentiary standards and legal requirements.

The prosecutorial body emphasized that its actions must satisfy constitutional thresholds governing criminal proceedings and stressed its institutional independence in making charging decisions.

“The decision was guided strictly by facts, evidence, and the law and must meet the constitutional threshold required for criminal prosecutions,” the ODPP stated, adding that it operates within a framework designed to uphold legal principles while protecting suspects’ rights.

Next Steps

The case is expected to proceed once the government chemist’s analysis is completed and submitted to the court. The scientific report will play a crucial role in determining whether the substance in question constitutes a controlled narcotic and the exact classification of the seized material.

The seven accused soldiers are expected to return to court following the release of the laboratory findings, which will inform the prosecution’s next steps in the case.