The prosecution has for the second time been allowed to to defer the plea taking of two police officers accused of abuse of office and unlawful detention of a British national for 30 days to review multiple files relating to the case.
In seeking the adjournment, the prosecution told the court that the matter was lodged with different entities.
The plea taking was supposed to take place on January 23 but was postponed to February 18, upon the request by the defence counsel citing health concerns.
However, on February 18, the prosecutor Norah Owino, made a request to defer the plea taking for 30 days to review the files and the matter was scheduled for March 19 where he made similar application.
Owino asked Milimani Chief magistrate Lucas Onyina to have the plea against Chiet Inspector Rebecca Njeri Muraya and Sergeant Abdisalam Ahmed defered for 30 days to have time to review the multiple files they have which are related.
“Your honour I pray for an adjournment of the plea taking for 30 days to review the multiple files we have which are related and involving same complainant,” Owino said.
Owino told the court that they have received two files – one from the police and the other from Independent Policing Oversight Authority (IPOA) – referring to the same complaint and he cannot prefer charges before reviewing the two files.
The counsel holding brief for the complainant Simon Mburu urged the court to to consider Article 159 of the Constitution which provides that justice shall never be delayed.
He said the files the prosecution is referring to are different as unrelated.
The complainant has written further statement to stating the other file being referred is on threats to her life.
“Despite the DPP having the decision to charge or withdrawal of the case, Article 159 talks about the issue of delay in respect to justice.
The complaint was made and a decision to charge also hence the suspects need to take plea,” Mburu submitted.
He told the court that the complainant feels that it is taking too long in the circumstances considering the DPP has sought the adjournment twice with the same ground.
He urged the court to give a concrete direction on the matter to ensure justice has been served to the complainant.
He prayed the court to grant the DPP seven days to review the two files.
In response, Owino told the court that she was acting on behalf of the team that will review the files and giving a timeline of seven days might create inconveniences since she could not tell how long it will take. She insisted that the request is based on the files filed by the complainant.
The defence lawyer Samuel Ogechi concurred with the DPP for adjournment of the case.
Muraya, who at the time of the alleged offence was the Officer Commanding Station (OCS) at Eastleigh North Police Station, and Ahmed, also from the same station, were supposed to face charges relating to the alleged illegal detention of Ayni Hussein Mahammud.
According to the charge sheet, the officers are expected to face two counts of abuse of office.
It reads that Muraya and Ahmed, being police officers within the National Police Service NPS, on December 31, 2021 at the said police station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud detained her at Muthaiga Police Station for two days with intent to intimidate her pursuing her complaint of assault against Abdihakim Saidi Jamah.
The duo were further expected to face another charge of abuse of office contrary to Section 101 (1) as read together with section 102 of the Penal Code.
On December 31, 2021 at Eastleigh North Police Station within Starehe Sub-county in Nairobi county they jointly unlawfully and without any sufficient cause arrested Ayni
The matter will be mentioned on April 16.
The Office of the Director of Public Prosecution approved the charges following an investigation by the Independent Policing Oversight Authority (IPOA).
Section 101. (1) of the Penal Code provides “Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his Sete, any arbitrary act prejudicial to the rights of another is guilty of a Section 102A. of the Penal Code “A person convicted of an offence under sectionsN 99, 100, 101 Or 102 of this Part shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding 10 years or to both”.
Section 5(1) of Prevention of Torture, Act provide “Any person who tortures another person commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty five years”
“As directed earlier vide our letter dated 23rd October, 2024, we reiterate that Rebecca Njeri Muraya and CPL Abdisalaam Ahmed be charged jointly with offences of Torture Contrary to section 5(1) of the Prevention of Torture Act, Cap 88 and Abuse of office contrary to section 101(1) as read with section 102A of the Penal Code Cap. 63.
Two police officers to face torture and abuse of office charges after detention of woman in Eastleigh
Two police officers face charges of torture and abuse of office following the arrest and detention of a British national at Eastleigh-North Police Station, Nairobi.
Chief inspector Rebecca Njeri Muraya and sergeant Abdisalam Ahmed are said to have committed the offenses on December 31, 2021 at the station.
Muraya is the Officer Commanding Station while Ahmed still serves at the same station.
“Being Police officers within the National Police service on 31st December 2021 at Eastleigh-North Police Station, intentionally and unlawfully jointly ordered arrest of Ayni Hussein Mahammud and detained her at Muthaiga Police Station for two days with intent to intimate her from pursuing her complaint of assault against Abdihakim Saidi Jama,” read part of the charge sheet.
They were also accused that on December 31, 2021 at Eastleigh-North Police Station, within Starehe Sub-County in Nairobi County, they unlawfully and without any sufficient cause and reason arrested Ayni Hussein Mahammud and detained her at Muthaiga Police Station.
The Office of the Director of Public Prosecution approved the charges following an investigation by the Independent Policing Oversight Authority (IPOA).
When the matter came up for plea on February 13, the officers wrote to the DPP seeking review of the file.
Through their lawyer Omwoyo Momanyi Gichuki Advocates the officers claimed there were facts that had not been captured before the file was approved for plea.
This prompted the Office of the Director of Public Prosecutions to make an application before Milimani Law Courts Chief Magistrate Lucas Onyina to have the plea taking against two senior police officers deferred for 30 days.
According to the prosecution, the DPP would like to review the charges against the police officers before they can answer to the charges levelled against them.
The magistrate ordered they be freed on Sh500,000 cash bail pending mention on March 19, 2025.
Ayni said the new application is a deliberate delay tactic and vowed to prove the officers wrong.
The ODPP had said the two are both culpable under sections 101 (1) as read with section 102A of the Penal Code and under sections 5(1) of the Prevention of Torture, Act Cap. 88 Laws of Kenya.
Section 101. (1) of the Penal Code provides “Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his Sete, any arbitrary act prejudicial to the rights of another is guilty of a Section 102A. of the Penal Code “A person convicted of an offence under sections 99, 100, 101 Or 102 of this Part shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding 10 years or to both”.
Section 5(1) of Prevention of Torture, Act provide “Any person who tortures another person commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty five years”
“As directed earlier vide our letter dated 23rd October, 2024, we reiterate that Rebecca Njeri Muraya and CPL Abdisalaam Ahmed be charged jointly with offences of Torture Contrary to section 5(1) of the Prevention of Torture Act, Cap 88 and Abuse of office contrary to section 101(1) as read with section 102A of the Penal Code Cap. 63.
