The soldiers were freed by Mombasa Senior Resident Magistrate Gladys Ollimo, who ruled that the prosecution had not provided sufficient legal justification to continue holding the suspects in custody without charges. The court rejected the State’s request to extend custodial orders, describing the application as unsupported by law.
In her ruling, Magistrate Ollimo said the court could not be used as a detention facility while investigators waited to complete administrative processes. She noted that investigators had already concluded their inquiries and that the absence of a Government Analyst’s report did not justify continued detention.
“The court cannot be converted into a holding facility when investigations are complete. There is no sufficient reason to continue holding the suspects,” the magistrate ruled.
The eight soldiers were released on a bond of Ksh500,000 each, with an alternative cash bail of the same amount. The court also ordered them to surrender their travel documents and to report to the investigating officer as directed. They are barred from leaving the country without prior court approval.
Investigating officer Isaac Njoroge told the court that police had completed investigations but could not proceed with charges because the Government Chemist’s report had not yet been issued. He said the Office of the Director of Public Prosecutions (ODPP) had declined to approve the charges pending confirmation that the recovered substance was methamphetamine.
According to the officer, the analyst’s report is expected by January 3, 2026, and he urged the court to extend the custodial orders until then. However, the magistrate rejected the request, noting that investigations had already been concluded and that continued detention without charges violated the suspects’ rights.
The defence strongly opposed the application, arguing that the State had failed to demonstrate any compelling reason for further detention. The lawyers also faulted the prosecution for making an oral request instead of filing a formal affidavit, describing the move as procedurally improper.
They further questioned the credibility of claims that charges were ready despite the absence of the analyst’s report, urging the court to either order the suspects charged or release them unconditionally.
The court agreed with the defence, finding that delays linked to internal prosecutorial processes could not be used to justify prolonged detention.
The soldiers, all attached to the Kenya Navy, were arrested last month following the disappearance of part of a narcotics consignment seized in the Indian Ocean on October 19. The drugs were recovered from the dhow MV Mashallah, which was intercepted while ferrying more than one tonne of crystalline methamphetamine falsely declared as coffee.
Sources within the military say the soldiers were dismissed following internal investigations before being handed over to the Anti-Narcotics Police Unit. Investigations into the case are ongoing, and authorities may still file charges once the analyst’s report is released.