A Mombasa court has freed seven Kenya Defence Forces soldiers charged with trafficking meth valued at KSh 192 million on a Ksh500,000 bond each.
The Office of the Director of Public Prosecutions (ODPP) on Monday, December 22, informed the court that investigations were still incomplete, as authorities were waiting for a report from the government chemist.
DCI requested the court to extend the detention of the seven, noting that the seized meth had been forwarded for analysis and the report was expected by January 3.
However, defence lawyers opposed any further custody, arguing that delays at the government chemist’s office could not justify holding the accused indefinitely.
The defence argued that the ODPP could not lawfully approve charges without a confirmation from the government chemist.
They further explained that prosecutors and investigators do not have the mandate to analyse or classify the contraband as narcotics and must rely on expert scientific evidence before proceeding.
Hearing this, Senior Principal Magistrate Gladys Olimo stated that the expected government analyst's report, due by January 3, is not a sufficient reason to continue holding the accused.
She stressed that the court cannot serve as a holding facility while investigations are incomplete and, without compelling reasons from the prosecution, she declined to extend the detention of the respondents.
“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,” she stated.
The accused were apprehended by police for allegedly trafficking 25 kilograms of methamphetamine, packed in whitish crystalline packets. The Meth was estimated to be worth Ksh192 million on the black market.
In a statement online, ODPP defended its decision to charge the seven, insisting the decision was guided strictly by facts, evidence, and the law and must meet the constitutional threshold required for prosecution.
ODPP added that it operates independently and is bound by criteria aimed at upholding the rule of law while safeguarding the rights of the accused.
