A Mombasa court has ordered the release of seven Kenya Defence Forces (KDF) officers who are facing charges related to the alleged trafficking of methamphetamine worth an estimated KSh192 million.
The soldiers were freed on Monday, December 22, after the Office of the Director of Public Prosecutions (ODPP) informed the court that investigations were still ongoing. Each suspect was granted a bond of KSh500,000.
Prosecutors told the court that they were awaiting an analysis report from the government chemist, noting that the seized substance had already been forwarded for examination.
The Directorate of Criminal Investigations (DCI) requested additional time to continue holding the suspects, stating that the report was expected by January 3.
However, defence lawyers strongly opposed the application, arguing that delays in laboratory analysis could not be used to justify prolonged detention.
They maintained that prosecutors lacked legal authority to proceed with narcotics charges in the absence of scientific confirmation of the substance.
In her ruling, Senior Principal Magistrate Gladys Olimo agreed with the defence, stating that the court could not be used as a temporary holding ground while investigations remained incomplete.
She noted that the anticipated analyst’s report was not a sufficient reason to deny the suspects their liberty.
“The court cannot be converted into a holding facility pending investigations. In the absence of compelling justification from the prosecution, the application for continued detention is declined,” the magistrate ruled.
The seven officers were arrested over allegations that they were trafficking 25 kilograms of methamphetamine, packed in white crystalline form and believed to have a street value of KSh192 million.
Following the ruling, the ODPP defended its decision to charge the suspects, stating that the move was guided strictly by available evidence and the law.
The prosecution emphasized its constitutional independence and reaffirmed its commitment to upholding due process while protecting the rights of accused persons.
The case is expected to proceed once the government chemist’s report is filed.
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