The High Court of Kenya has issued crucial procedural directions for a case that seeks to challenge the state’s decision to drop criminal charges against two police officers accused of torture.
In orders delivered on October 2, Judge L.N. Mugambi certified the application filed by Mahammud Ayni Hussein as urgent and laid out a strict timeline for the case’s progression. The court has mandated that all respondents must be formally served with the petition and file their responses within a seven-day period.
This sets the stage for a significant hearing on October 16 before Justice B. Mwamuye, where the matter will proceed based on the filed responses.
The petition, filed in the High Court’s Constitutional and Human Rights Division, argues that a Milimani Magistrate erred in allowing the Director of Public Prosecutions (DPP) to withdraw charges against Officers Rebecca Muraya and Abdisalam Ahmed. Ms. Hussein alleges the officers subjected her to abuse of authority, unlawful detention, and torture.
Through her lawyers at the Federation of Women Lawyers (FIDA-Kenya), she is seeking several orders, including judicial review to quash the magistrate’s ruling and an unusual plea for leave to conduct a private prosecution against the officers.
The respondents in the case, who must now comply with the court’s filing directions, include the two police officers, the DPP, the Attorney General, and Magistrate Lucas Onyina. Several state oversight bodies are also listed as interested parties, highlighting the case’s broader implications for police accountability in Kenya.
