Two police officers were Wednesday freed on bail after denying charges of torture and abuse of office.
The two were arraigned before the Milimani Chief magistrate Lucas Onyina where they pleaded not guilty to the charges.
The prosecution alleges that the officers Chief inspector Rebecca Njeri Muraya and sergeant Abdisalam Ahmed unlawfully and intentionally ordered the arrest of businesswoman Ayni Hussein Mahammud, detaining her at Muthaiga Police Station for two days in an attempt to intimidate her from pursuing an assault complaint against Abdihakim Saidi Jama.
In addition to the torture charge, the officers face a second count of abuse of office.
The alleged offences were committed on December 31, 2021, at the Eastleigh North Police Station.
The two were granted a cash bail of Sh500,000 each .
The case will be mentioned on the 25 of this month for further directions. Muraya, who at the time of the alleged offence was the Officer Commanding Station (OCS) at Eastleigh North Police Station, and Ahmed, also from the same station were charged after postponing of the case twice.
The charge sheet reads that Muraya and Ahmed, being police officers within the National Police Service NPS, on December 31, 2021 at the said police station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud detained her at Muthaiga Police Station for two days with intent to intimidate her pursuing her complaint of assault against Abdihakim Saidi Jamah.
The duo were further faced another charge of 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.
The Office of the Director of Public Prosecution approved the charges following an investigation by the Independent Policing Oversight Authority (IPOA).
Section 101. (1) of the Penal Code provides “Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his Sete, any arbitrary act prejudicial to the rights of another is guilty of a Section 102A. of the Penal Code “A person convicted of an offence under sections 99, 100, 101 Or 102 of this Part shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding 10 years or to both”.
Section 5(1) of Prevention of Torture, Act provide “Any person who tortures another person commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty five years”.
“As directed earlier vide our letter dated 23rd October, 2024, we reiterate that Rebecca Njeri Muraya and CPL Abdisalaam Ahmed be charged jointly with offences of Torture Contrary to section 5(1) of the Prevention of Torture Act, Cap 88 and Abuse of office contrary to section 101(1) as read with section 102A of the Penal Code Cap. 63.”
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