An illegal detention case against former Eastleigh North Police Station officers Rebeccah Njeri Muraya and Abdisalam Ahmed has been withdrawn for lack of sufficient evidence and double jeopardy.
Milimani Chief Magistrate Lucas Onyina stated while delivering the ruling that the prosecution has expressed a lack of confidence in their ability to discharge the burden based on the evidence in their possession.
The court noted that after the review of five files forwarded by different investigative agencies, the DPP formed an opinion that the evidence is insufficient to prove the charges against the accused.
The magistrate also noted that it will not be fair to refuse the application for withdrawal of the charge and go through the entire trial process when the prosecution has doubts on the adequacy of evidence in their possession to prove the charges,
He added that Judicial discretion must be exercised judiciously, and in the current case, there is no ground for the exercise of discretion in favour of the denial of the application.
“Therefore, the prosecution is permitted to withdraw the charges against
each of the two accused persons herein is discharged in respect of each of the two counts under section 87(a) of the Criminal Procedure Code,” he ruled.
Muraya was charged alongside Sergeant Abdisalam Ahmed from the same station with two counts of illegal detention and torture of a British national, Ayni Hussein Mahammud.
After taking off the plea, the two officers complained to the ODPP in a letter dated 5/2/2025, where they also sought that the office review the
decision to charge them.
After the review of the two files – from the International Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) – Deputy DPP Jacinta Nyamosi noted that charging the accused persons would amount to double jeopardy since they had already been subjected to disciplinary action.
This action was done by the Internal Affairs Unit in view of the earlier direction which was given on 4/4/2024. In the circumstances, her instructions were to apply for withdrawal of the matter under section 87(a) of the Criminal Procedure Code.
The duo was charged that on December 31, 2021, at Eastleigh North Police Station, they intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at Muthaiga Police Station for two days.
The court was told that the detention was to intimidate Mahammud from pursuing her complaint of assault against Abdihakim Said Jama.
They also faced another offence of abuse of office contrary to the law.
The prosecution told the court that the duo unlawfully and without sufficient cause and reason arrested Mahammud and detained her at Muthaiga Police Station.
They denied the charges levelled against them.
