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 since the two have undergone disciplinary action.
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.
The two 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.
Ruling on the same issue will be delivered on September 2, 2025.
