An illegal detention case against two police officers will now come up on May 5, 2025.
The court moved the matter to that date after parties learned that the magistrate handling the case was absent during the scheduled pre-trial session.
Police torture case faces new complaint
Meanwhile, the complainant has filed a complaint with the Office of the Ombudsman over the conduct of prosecutors handling the case.
In her complaint, Ayni Hussein Mahammud alleges that a prosecutor at the Milimani Law Courts has a conflict of interest and is interfering with her case.
The letter, dated April 22, 2025, is addressed to the Commission Secretary and CEO of the Commission on Administrative Justice, which oversees the Office of the Ombudsman.
Mahammud alleges that State Counsel Norah Atieno, who handles Criminal Case No. E017 of 2025 at Milimani Court Number 1, has a conflict of interest.
She claims the prosecutor’s conduct could affect her efforts to obtain justice.
“Regrettably, the conduct of the prosecutor raises serious concerns regarding bias, conflict of interest, and professional misconduct. I am the victim in the case and an incident stemming back from December 31, 2021, raises serious concerns.”
Complainant protests repeated delays
Mahammud says the court has deferred the plea in her case twice.
According to her complaint, the court postponed the plea by 30 days on each occasion without providing a reasonable explanation.
She argues that the repeated delays have caused her psychological distress and affected the administration of justice.
“These delays have caused undue psychological distress and impeded the administration of justice,” the letter states.
Woman accuses ODPP prosecutor of conflict
Mahammud says she raised her concerns with Nairobi Regional ODPP head Dorcus Rugut.
However, she claims Rugut declined to assist her and referred the matter back to Atieno.
According to Mahammud, Atieno then directed her to lodge a complaint at the ODPP headquarters.
She also disputes an allegation that she had reported the case to several institutions.
“Mrs. Atieno falsely claimed that I had reported this case to multiple institutions. This is incorrect and misleading,” she stated.
Complainant seeks investigation into prosecutor
Mahammud says she has faced difficulties while seeking justice through the Independent Policing Oversight Authority (IPOA).
She now wants authorities to investigate the conduct of the prosecutor handling her case.
She has also asked for close monitoring of the proceedings to promote transparency and accountability.
Police officers face torture and illegal detention charges
The case involves police officers Rebecca Njeri Muraya, formerly the Officer Commanding Station (OCS) at Eastleigh North Police Station, and Sergeant Abdisalam Ahmed.
The two officers appeared before Milimani Chief Magistrate Lucas Onyina and face allegations relating to the detention and alleged torture of Mahammud.
IPOA investigated the matter four years ago. The oversight authority later forwarded its findings to the Office of the Director of Public Prosecutions (ODPP).
IPOA recommended that the two officers face prosecution.
The officers have denied torturing Mahammud.
The prosecution alleges that they unlawfully detained her at Muthaiga Police Station for two days from December 31, 2021.
