A Nairobi court has issued a warrant of arrest against a senior police officer who failed to appear in court for trial, where she is charged with illegal detention of a British national.
Rebecca Njeri Muraya, an officer commanding Eastleigh North Police Station, who is jointly charged alongside Sergeant Abdisalam Ahmed from the same station, failed to appear in court for directions.
Through her co-accused, Ahmed, Chief Magistrate Lucas Onyina learned that Muraya called him and informed him she was sick.
“Your Honor, Muraya called me to inform me that she was sick,” Ahmed told the court.
The court noted that Muraya was not represented by counsel who could inform the court about her whereabouts and the reasons behind her failure to appear in court as ordered.
In response to the claims of being sick, state prosecutor Joyce Olajo urged the court to ignore the allegations of sickness since no documents were presented in court as proof.
“The court cannot assume the allegations are true since no evidence has been produced. Her counsel did not appear in court to explain the reasons she failed to appear before the court; hence, we urge the court to issue a warrant of arrest,” Olajo submitted.
The counsel holding brief for the complainant, Simon Mburu, urged the court to consider the duration the matter has been delayed and consider prosecuting for the interest of justice.
“Your honour, the matter has been delayed for three years without the complainant being given justice, and I wish to pray the court to hasten the matter to conclusion,” Mburu said.
In giving directions, the magistrate issued a warrant of arrest against Muraya, stating no evidence had been adduced before the court to support the claim of ailment.
“I hereby issue a warrant of arrest against the first accused person, for there is no evidence produced to prove she is sick,” the magistrate ruled.
The two officers were jointly charged with illegal detention and torturing a British national, one Ayni Hussein Mahammud.
They were 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.
The two were also faced with another offense of abuse of office contrary to the law.
The prosecution told the court that the duo had unlawfully and without sufficient cause and reason arrested Mahammud and detained her at Muthaiga Police Station.
The matter has been delayed since, with the prosecution seeking time to review the files they claim emanate from the same complainant but were reported by different entities.
For three consecutive times, the prosecution had been seeking an adjournment of the matter for 30 days to review the said files and give directions.
While seeking a warrant against Muraya, Olajo told the court that the file is in the office of the Director of Public Prosecution for review, and they had no directions on the same.
“Your Honor, we pray for more time for the Director of Public Prosecutions (DPP) to give the way forward on the matter,” she prayed.
The magistrate admitted the prayers sought by the prosecution to grant the ODPP two weeks to review the file.
“The adjournment of the matter for two weeks is hereby allowed. The matter will be mentioned on May 19, 2025, for directions,” the magistrate directed.
