Two police officers accused of illegal detention and torture have been charged at the Milimani Law Courts over the alleged detention of a United Kingdom national.
Former Eastleigh North Police Station Officer Commanding Station (OCS) Rebecca Njeri Muraya and her junior, Abdisalam Ahmed, appeared before Milimani Chief Magistrate Lucas Onyina.
Police officers face torture and illegal detention charges
Muraya and Ahmed face charges of torture under Section 4(a), as read with Section 5(1) of the Prevention of Torture Act.
The prosecution alleges that on December 31, 2021, the two officers jointly ordered the arrest of Ayni Hussein Mahammud at Eastleigh North Police Station.
They allegedly detained Mahammud at Muthaiga Police Station for two days.
According to the prosecution, the officers intended to intimidate her from pursuing an assault complaint against Abdihakim Saidi Jama.
Mahammud had reported Jama to police over the alleged assault.
Officers also face abuse of office charge
The two officers also face a joint charge of abuse of office under Section 10(1), as read with Section 102 of the Penal Code.
The charge sheet alleges that the officers unlawfully arrested and detained Mahammud without sufficient cause or reason.
The prosecution claims the officers committed the alleged offences while serving in the National Police Service.
Court grants officers bond
Muraya and Ahmed denied the charges before Magistrate Onyina.
The magistrate allowed the two officers to remain out on bond.
They will continue to rely on the Sh500,000 bond they deposited when they first appeared in court last year.
The court scheduled the matter for mention on April 25.
Assault case preceded police officers’ prosecution
The charges against the two officers stem from an earlier dispute involving Mahammud and Jama.
According to the case, the officers allegedly declined to arrest Jama after Mahammud reported the alleged assault.
The Directorate of Criminal Investigations (DCI) later took over the investigation.
Jama was subsequently charged at the Makadara Law Courts.
The court convicted him of assault and fined him Sh100,000.
Complainant protests delay in case
Mahammud has also raised concerns over delays in prosecuting the two police officers.
In a letter dated April 15 addressed to Chief Magistrate Onyina, she asked the court to ensure the case proceeds without further delays.
“It is my respectful plea that you ensure this matter proceeds without further hindrance, so I may have my day in court,” Mahammud stated.
She wants the court to allow her to present evidence in support of the prosecution of the two officers.
