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.
The issue has caused panic among police officers on how they handle suspects in custody.
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