A case in which two senior police officers are charged with torturing a British national will proceed in October 2025, a court directed.
Milimani Chief Magistrate Lucas Onyina directed that the Officer Commanding Station Eastleigh North Police Station Chief Inspector Rebbeca Njeri Muraya and Seargent Abdisalam Ahmed from the same station to present themselves to the officer investigating the matter to take their fingerprints.
The magistrate also ordered the accused persons be served with witness statements and the charge sheet before the hearing date on October 24, 2025.
“I hereby direct the prosecution to serve the defence with statements and the charge sheet,” he said.
The magistrate also set a mention date on July 9, 2025, to confirm compliance.
State prosecutor Irene Magola had prayed for more time admitting they had not furnished the documents to the defence since the file had been in the Office of Director of Public Prosecutions ODPP for review,
“I pray this court to grant more time since we have not supplied the documents considering the file has been in the office of the ODPP and the review is yet complete,” Magola submitted.
Magola urged the court to set a hearing date while they will serve the documents to the defence before the hearing commenced.
The defence lawyer, Tito Kimosop, concurred with the prosecution’s request for an adjournment and urged the court to order the service of documents.
The matter has been adjourned severally by the prosecution seeking more time to allow the ODPP to peruse the files which they claim emanated from the same complainant but reported from different entities.
Through Norah Atieno, the DPP earlier told the court that they received two files one from the police and the other from the Integrity Policing Oversight Authority (IPOA) referring to one complaint and they can’t prefer charges before reviewing the two files which are done by different institutions.
Despite seeking perusal of the two files twice where they were seeking 30 days, the ODPP is yet to conclude on the same.
The counsel holding brief for the complainant Simon Mburu lamented the urging the court to consider Article 159 of the constitution that tells the issue of delay in respect to justice,
“Your honor despite the DPP having the decision to charge or withdraw the case, Article 159 talks about the issue of delay concerning justice.”
He told the court that the complainant feels that it is taking too long in the circumstances considering the DPP has sought the adjournment twice with the same ground.
He urged the court to give a concrete direction on the matter to ensure justice has been served to the complainant.
The two officers serving within the National Police Service were charged that, on December 31, 2021, at Eastleigh North police station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud detained her at Muthaiga Police Station for two days with the intent to intimidate her pursuing her complaint of assault against Abdihakim Saidi Jama.
The duo were further charged with abuse of office contrary to Section 101 (1) as read together with Section 102 of the Penal Code.
On December 31, 2021, at Eastleigh North Police Station within Starehe Sub-county in Nairobi county they jointly unlawfully and without any sufficient cause arrested Ayni Hussein Mahammud and detained her in Muthaiga Police Station.
The prosecution has been seeking an adjournment since January this year with reasons to peruse the files.
The two also faced another offense 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.
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