A senior police officer and her junior have been charged with torturing a woman who was following up on an assault case, by illegally detaining her for two days at a Nairobi police station four years ago.
Ms Rebecca Njeri Muraya, the Officer Commanding Station (OCS) at Eastleigh North Police Station, and Sergeant Abdisalam Ahmed were charged before Milimani Chief Magistrate Lucas Onyina.
The two law enforcers, who denied torturing Ayni Hussein Mahammud by locking her up at Muthaiga Police Station for two days from December 31, 2021, lost their third attempt to have the plea deferred.
Ms Muraya and Sgt Ahmed are alleged to have intentionally and unlawfully tortured Ayni in an attempt to intimidate her and discourage her from pursuing her complaint against Mr Abdihakim Saidi Jama. She had allegedly reported at Eastleigh North Police Station that Mr Jama had assaulted her on December 31, 2021.
Ms Ayni was inquiring whether assault charges would be pressed against Mr Jama when she was allegedly tortured.
OCS Rebecca Njeri Muraya and Sergeant Abdisalam Ahmed who were charged with torturing Ayni Hussein Mahammud on December 31, 2021.
Photo credit: Richard Munguti | Nation
They are accused of illegally arresting Ms Ayni on December 31, 2021, at Eastleigh North Police Station, and causing her to be detained at Muthaiga Police Station.
The two officers answered to the charges after the court dismissed an application by Director of Public Prosecutions (DPP) Renson Ingonga to defer plea taking for seven days.
In requesting a postponement, the prosecuting counsel sought more time to review two investigation files concerning the assault claim—one from the Independent Policing Oversight Authority (IPOA) and the other from the Internal Affairs Unit in the Ministry of Interior.
The court heard that while the IPOA file had already been received at the ODPP, the Internal Affairs Unit’s file was expected on April 16, 2025.
“The DPP is merely exercising his administrative powers in seeking time to review both files before making a conclusive decision on whether to charge the OCS and Sgt Ahmed,” the prosecutor said.
The plea deferral request was vehemently opposed by lawyer Simon Mburu, representing Ms Ayni, who told the magistrate that the decision to charge the officers had already been made on January 14, 2025.
He argued that the DPP's new request to recant the decision was arbitrary and an abuse of the court process.
“Before deciding to charge Ms Muraya and Sgt Ahmed, the DPP had already reviewed the IPOA evidence. The current request is ill-informed,” Mr Mburu told the court.
He added that since a charge sheet had already been presented, justice demanded that the accused take a plea.
Mr Mburu noted that the DPP retained the option of recalling the file for review even after the plea had been taken.
In his ruling, Mr Onyina said the accused had been summoned to take plea on January 23, 2025, but failed to appear in court. Plea taking was rescheduled to February 13, 2025, but again did not proceed due to health-related reasons.
The magistrate further noted that the DPP was now seeking a seven-day deferral to peruse the IPOA and Internal Affairs Unit files.
“There will be no prejudice suffered by the DPP even if the plea is taken today,” he ruled.
He directed that the accused take a plea, while allowing the DPP the liberty to decide within seven days whether to proceed with the case.
The magistrate set the case for mention on April 25, 2025.
