Two police officers accused of illegal detention have been charged at Milimani Law Courts.
The two former Eastleigh North police station Commander (OCS) Rebecca Muraya and her junior Abdisalam Ahmed are being accused of torture and unlawful detention after allegedly of a United Kingdom national
The two are charged with torture contrary to section 4 (a) as read with section (5) (1) of the prevention of torture Act.
Charges against the two are that being police officers within the National Police Service, on December 31, 2021 at the Eastleigh North police station, intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at the Muthaiga police station for two days.
They are accused of doing this with intent to intimidate her from pursuing a complaint of assault against Abdihakim Saidi Jama. Ayni had lodged a complaint of assault against Jama.
Ms 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.
“On December 31, 2021 at Eastleigh North police station within Starehe Sub County in Nairobi you unlawfully and without any sufficient cause and reason arrested Ayni Hussein Mahammud and detained her at Muthaiga police station,” the charge reads in part.
The suspects denied the charges before Milimani chief magistrate Lucas Onyina. Onyina said the two police officers will remain free on a bond of Sh500, 000 which they had deposited last year when they first appeared before court. Their case will be mentioned on April 25.
The charges against them arise from an incident in which they allegedly declined to arrest Jama for assaulting Ayni.
Jama was later charged after the Directorate of Criminal Investigations (DCI) took over the case. He was prosecuted at the Makadara law courts, convicted and fined Sh100,000 for assaulting Ayni.
Ayni had written a letter to Onyina on April 15 protesting the delayed prosecution of Ms Muraya and Abdisalam.
“It is my respectful plea that you ensure this matter proceeds without further hindrance, so I may have my day in court and present evidence to support the prosecution in proving the charges preferred against the accused persons,” the letter reads in part.
