The prosecution informed Milimani Chief Magistrate Lucas Onyina that it intends to withdraw the charges because the two officers have allegedly undergone disciplinary action.
The application to withdraw the case has been opposed by the complainant, who is also the victim.
Victim opposes DPP’s decision to withdraw case
The move by the DPP was strongly opposed by Ayni Hussein Mahammud, who said she was not aware of any disciplinary proceedings against the accused officers.
Ayni stated that she has not been served with any report or evidence showing that such disciplinary action took place.
She questioned the basis of the DPP’s decision to withdraw the case against the two officers.
Two police officers charged with torture and abuse of office
The two accused officers are former Eastleigh North Police Station Commander (OCS) Rebecca Muraya and her junior, Abdisalam Ahmed.
They are charged that on December 31, 2021, at Eastleigh North Police Station, they intentionally and unlawfully ordered the arrest of Ayni Hussein Mahammud.
The two officers are accused of detaining her at Muthaiga Police Station for two days.
Muraya and Abdisalam are also jointly charged with abuse of office contrary to Section 10(1), as read with Section 102 of the Penal Code.
The suspects denied the charges before Milimani Chief Magistrate Lucas Onyina.
Court allows officers to remain on bond
Magistrate Lucas Onyina directed that the two police officers remain free on a bond of Sh500,000.
The accused had deposited the bond when they first appeared in court last year.
The case was scheduled for mention on April 25.
Charges linked to assault complaint
The charges against Muraya and Abdisalam arose from an incident where they allegedly declined to arrest Jama over allegations that he assaulted Ayni.
Jama was later charged after the Directorate of Criminal Investigations (DCI) took over the matter.
He was prosecuted at the Makadara Law Courts, convicted, and fined Sh100,000 for assaulting Ayni.
Victim protests delay in prosecution
Ayni had written to Magistrate Onyina on April 15, 2025, protesting the delayed prosecution of Muraya and Abdisalam.
She questioned the delay in the case involving allegations of unlawful arrest and detention.
The court will deliver its ruling on the DPP’s request to withdraw the case on September 2, 2025.
