A senior police officer faces an arrest warrant after the court found that she failed to appear for directions in a case involving alleged unlawful detention.
Court issues warrant against Rebecca Njeri
Magistrate Lucas Onyina issued the order against Rebecca Njeri Muraya, the officer commanding Eastleigh North Police Station.
Muraya is jointly charged with Sergeant Abdisalam Ahmed, also attached to the same station. She failed to appear in court when the matter came up for directions.
Through his co-accused, Ahmed told Milimani Chief Magistrate Lucas Onyina that Muraya had called him and said she was sick.
“Your honour, Muraya called me to inform that she was sick,” Ahmed told the court.
The court noted that Muraya did not have a lawyer present to explain her absence or provide information about her whereabouts.
Prosecutor challenges sickness claim
State prosecutor Joyce Olajo urged the court to disregard the claim that Muraya was sick. She said the accused had not provided any medical documents to support the claim.
“The court cannot assume the allegations are true since no evidence produced. Her counsel did not appear in court also to explain the reasons she failed to appear before the court hence we urge the court to issue a warrant of arrest,” Olajo submitted.
Meanwhile, counsel holding brief for the complainant, Simon Mburu, asked the court to consider the prolonged delay in the case.
“Your honour, the matter has been delayed for three years without the complainant given justice and I wish to pray the court to hasten the matter to conclusion,” Mburu said.
Court orders arrest of Rebecca Njeri
In issuing the warrant, the magistrate said the court had received no evidence to support the claim that Muraya was unwell.
“I hereby issue a warrant of arrest against the first accused person for there is no evidence produced to prove she is sick,” the magistrate ruled.
The two officers face charges over the alleged illegal detention and torture of a British national, Ayni Hussein Mahammud.
Police officers face illegal detention charges
The prosecution alleges that on December 31, 2021, at Eastleigh North Police Station, the officers jointly and unlawfully ordered the arrest of Ayni Hussein Mahammud.
They allegedly detained her at Muthaiga Police Station for two days.
The court heard that the officers detained Mahammud to intimidate her from pursuing an assault complaint against Abdihakim Said Jama.
The two officers also face another charge of abuse of office.
According to the prosecution, the duo unlawfully arrested and detained Mahammud without sufficient cause or reason.
Prosecution seeks more time to review case file
The case has faced delays as the prosecution seeks time to review files that it says originated from the same complainant but were reported through different entities.
For three consecutive times, the prosecution had sought 30-day adjournments to review the files and give directions.
While seeking the warrant against Muraya, Olajo told the court that the file was before the Office of the Director of Public Prosecutions (ODPP) for review.
“Your honour, we pray for more time for the Director of Public Prosecutions (DPP) to give the way forward on the matter,” she prayed.
The magistrate granted the prosecution two weeks to review the file.
“The adjournment of the matter for two weeks is hereby allowed. The matter will be mentioned on May 19, 2025, for directions,” the magistrate directed.
