A Mombasa court has granted bond to seven Kenya Defence Forces officers charged with trafficking methamphetamine valued at KSh 192 million. The decision followed the prosecution's admission that investigations remain incomplete. The officers were released on a KSh 500,000 bond each.
In a Mombasa court ruling, seven KDF officers accused of trafficking 25 kilograms of methamphetamine were granted bond. Arrested on December 11, the officers were linked to the theft and diversion of narcotics from a 1,024 kg haul seized earlier in the year.
On December 22, the Office of the Director of Public Prosecutions (ODPP) told the court that investigations were ongoing, pending a government chemist's report expected by January 3. The DCI sought to extend their detention, noting the seized substance had been sent for analysis.
Defense lawyers opposed the extension, arguing that delays in obtaining the report could not justify indefinite custody. They emphasized that charges required scientific confirmation from experts, as prosecutors lack authority to classify the contraband without it.
Senior Principal Magistrate Gladys Olimo rejected the request, stating: “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. As such, in the absence of compelling reasons demonstrated by the prosecution, the court declines the application for extension of time.”
The ODPP defended its charging decision, asserting it was based strictly on facts, evidence, and law, meeting constitutional standards while protecting the accused's rights. This case highlights challenges in Kenya's narcotics probes, particularly reliance on expert analysis amid processing delays.
