The Director of Public Prosecution (DPP) is being accused of mishandling a case in which two police officers are charged are charged with torture of a United Kingdom national.
When the matter came before magistrate Lucas Onyina Yesterday, the court was informed by the prosecution that they intend to withdraw the charges under Section 87 (a) of Criminal Procedure Code.This Application was made by ODPP on July 23,2025.
He said the complainant has not demonstrated in how the prosecution has acted in bad faith nor has it demonstrated the exceptional circumstances under which the Court has the ability to deny the ODPP to carry out its constitutional functions.
He adds that,the complainant must show to this court that the ODPP’s decision has been exercised without due regard to the interest of administration of justice and such decision is an abuse of the legal process.
“Your honour ,once the accused persons were charged before this court ,they were interdicted.They have therefore been on half salary since January,2025and have been already suffered their peace,”added DPP.
since the two have undergone disciplinary proceedings.
The two are Former Eastleigh North Police Station Commander (OCS) Rebecca Muraya and her junior, Abdisalam Ahmed.
The move by the DPP was strongly opposed by the complainant who is also a victim saying that she is not aware of any disciplinary that took place and that she has not been served with any report on the same.
In her statement to oppose the move by DPP,the victim says the DPP has not tendered any document or evidence either in the form of summons to IAU,orderly room proceedings ,ruling at IAU or any other material evidence to support their allegations that the accused persons were charged at the IAU.
“I have never been called to testify or record a statement to state my case at the IAU.This leads to only one conclusion,the ODPP is misleading and hoodwinking this court,”adds Ayni Mohammed.
The two accused are charged that on December 31, 2021, at the Eastleigh North Police Station, they intentionally and unlawfully ordered the arrest of Ayni Hussein Mahammud and detained her at the 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.
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 in 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 to Onyina on April 15 protesting the delayed prosecution of Muraya and Abdisalam.
Ayni says that in such a case of such grave human rights violation leading to the offence of Torture ,which is a recognised international crime which the ODPP wants to withdraw.
“Why would they not at least satisfy the victim or the court that the disciplinary proceedings they take refuge in to withdraw this case have taken place,”She adds.
Ayni through her lawyers wants the court to direct the state to tender evidence of the said disciplinary proceedings before they are allowed to withdraw such serious charges.
She adds that the principle of double jeorpardy,enshrined under the law.Ayni says that the ODPP must demonstrate that the accused persons have been tried at IAU as they allege,and either acquitted or convicted.
“How would the court be able to determine that in the instant case without the benefit of any evidence to that end,” added Ayni.
The victim therefore prays that the Court intervenes and overrules the impugned decision to withdraw,and grants the appropriate orders to ensure that the constitutional rights of the victim are upheld and rule of law preserved,” adds Abdullahi &Associates Advocate for Ayni.
Ruling on the same issue will be delivered on September 2, 2025.
