‘Missing Indians were held captive in Kenyan police HQ’

mid-day accesses charge sheet filed against 15 Kenyan cops accused of kidnapping Indians Zulfiqar Khan, Zaid Sami Kidwai

Indian nationals Zulfiqar Khan and Zaid Sami Kidwai, who have been missing in Kenya since July of last year, were reportedly held captive at the Kenya police headquarters after their abduction, according to investigating officers as stated in their charge sheet.

Khan, a resident of Mumbai, and Kidwai, a Delhi native residing in Dubai, disappeared in Kenya on July 22 this year, along with their local taxi driver, Nicodemus Mwange. The Kenya Police’s Internal Affairs Unit has arrested 15 officers who were formerly posted with the Special Services Unit (SSU), a now disbanded squad, in connection with the investigation into their disappearance. Khan served as the Chief Operating Officer at Balaji Telefilms before taking a break and stepping down from his position. His trip to Kenya was part of this break.

mid-day has obtained a copy of the eight-page charge sheet, which indicts the 15 accused for abduction with the intent to murder, conspiracy to commit a felony, subjecting a person to cruel, inhumane, and degrading treatment, and forgery under the Penal Code, Chapter 63 Laws of Kenya. The IAU’s contention is that Khan and Kidwai were waylaid when Mwange was dropping them off at their hotel after having dinner at a restaurant in Nairobi. The trio was abducted and taken to the National Park.

“The officers of the defunct SSU trailed and intercepted the victims at the Southern Bypass interchange along Mombasa Road near Olesereni Hotel in Nairobi County. They forcefully ejected and bundled them into another vehicle before subjecting them to confinement at the Old Nairobi Area Police Headquarters, SSU offices in Upper Hill,” the charge sheet states, adding that the victims were later taken to the Aberdares National Park in Nyeri County.

While no official motive behind the crime has been provided so far, several supporters of the current Kenyan President, William Ruto, have alleged on their social media pages that Khan and Kidwai were targeted because they were assisting Ruto with his election campaign. Ruto came to power shortly after the duo went missing, and one of his first decisions was to disband the SSU, accused of gross abuse of power, including kidnapping, torture, and murder. The police have also not officially declared the duo as deceased, and the charge sheet makes several references to their ‘forceful disappearance’ instead.

In addition to the charge sheet, mid-day also possesses a copy of an affidavit filed to oppose a plea by the accused, seeking to remain free on bail until the case comes up for trial. This affidavit makes serious allegations against the 15 accused.

Zulfiqar Khan

“When the accused were escorted to Kahawa Law Courts on 1st December 2022 for the request and determination of Custodial Orders, they informed the investigators to their faces that they had been profiled. They claimed to know where they lived, their family members, their routines, and warned they would pay for it if charged,” the affidavit, filed by ASP Michael Kirui of the IAU, states. The affidavit also makes another serious allegation - that there has already been a deliberate attempt to mobilise support to hamper the investigation.

“The accused persons mobilised sympathetic police officers to their plight, holding meetings at Pangani Police Station, which the accused attended via video conferencing, to plan how to scuttle the investigations at any cost,” Kirui’s affidavit states, while also referring to Khan and Kidwai’s abduction as a ‘multi-agency operation’ involving the defunct Special Services Unit (SSU), The National Intelligence Service (NIS), and The Kenya Wildlife Service (KWS).”

Khan’s elder brother Iftikhar told mid-day that although the filing of the charge sheet was a positive development in the sense that at least some steps are being taken, there are a lot of questions that still remain unanswered. “We still don’t know what exactly happened to Zulfiqar and Zaid. The charge sheet does not say anything about their current status or the reason behind them being targetted. As family members, we can only track developments and hope for the best,” he said.

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