The officers were freed on KSh 500,000 bond each, following arguments that investigations into the case are still incomplete.
The seven accused had been apprehended in connection with 25 kilograms of methamphetamine, packed in whitish crystalline packets, seized by authorities.
The meth was reportedly valued at KSh 192 million on the black market. The case had attracted significant public attention given the involvement of military personnel in alleged narcotics trafficking.
The Office of the Director of Public Prosecutions (ODPP) informed the court on Monday, December 22, that investigations were still ongoing, as authorities awaited a report from the government chemist to verify the nature of the seized substance.
The Directorate of Criminal Investigations (DCI) had requested the court to extend the detention of the accused, arguing that the meth had been forwarded for scientific analysis and that the report was expected by January 3, 2026.
However, the defence lawyers countered, insisting that delays at the government chemist’s office could not justify indefinite detention.
The defence argued that without confirmation from the government chemist, the ODPP could not lawfully approve charges.
They emphasized that prosecutors and investigators are not authorized to classify substances as narcotics and must rely on expert scientific evidence before proceeding with criminal prosecution.
Senior Principal Magistrate Gladys Olimo presided over the matter and concluded that the anticipated report from the government analyst was insufficient to justify continued detention. She stressed that courts cannot serve as holding facilities while investigations remain incomplete.
“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,” Magistrate Olimo stated.
Following her ruling, the seven KDF officers were released on bond, ensuring that their constitutional rights were upheld while investigations continue.
The ODPP defended its decision to charge the soldiers, stating that its actions were guided strictly by facts, evidence, and the law.
The office reiterated that prosecution decisions meet the constitutional threshold required for pursuing criminal cases and emphasized its commitment to operating independently while safeguarding the rights of all accused individuals.
The case has sparked public debate, with many questioning the involvement of military personnel in drug trafficking.
Civil society groups have called for thorough investigations and accountability to ensure that such incidents do not undermine public trust in the Kenya Defence Forces.
Meanwhile, legal experts have highlighted the importance of adhering to due process, noting that the court’s ruling reflects a commitment to legal safeguards, especially when scientific verification of evidence is pending.
Investigators are expected to await the chemist’s report due on January 3, 2026, which will confirm the nature of the seized substance.
Upon receipt of the report, authorities may proceed with further legal action if warranted. In the meantime, the seven soldiers remain free on bond, required to appear in court for subsequent proceedings.