A British woman has sued two police officers with prayers to be protected from harassment and threats to her life.
This is after the officers, Rebeccah Njeri Muraya, the OCS in Eastleigh North, and her junior Sergeant Abdisalam Ahmed, were charged in the magistrate’s court with torture and abuse of office.
Still, the matter was later withdrawn before the commencement of the hearing.
The complainant, Ayni Mahammud sought the High Court’s intervention after the magistrates’ court admitted the plea by the prosecution to withdraw the matter she complained of torture and illegal detention by Eastleigh
North Police Station OCS jointly with her junior.
According to the DPP, the matter was withdrawn on double jeopardy since the officers had already been subjected to disciplinary action by the Internal Affairs Unit (IAU).
They also expressed a lack of confidence in their ability to discharge the burden based on the evidence in their possession.
The Internal Affairs Unit took the said action in view of the earlier direction given on April 4, 2024 by the National Police Service Commission (NPS).
In the circumstances, the state prosecutor Joyce Olajo was instructed to apply for withdrawal of the matter under section 87(a) of the Criminal Procedure Code.
This prompted Ayni to move to court where she sought an order of injunction restraining the two whether by themselves, their agents, cronies, employees, emissaries, or any person under their authority or instructions from approaching, intimidating, harassing and threatening her or her family or in any way interfering with her right to liberty.
She added owing to the nature of the court be pleased to direct the hearing of the Petition on priority basis.
She said the two violated her non-derogable constitutional right of freedom from torture and cruel, inhuman and degrading treatment as enshrined under Article 25(a) of the Constitution.
“I moved this court seeking inter alia, a declaration that the 1st and 2nd Respondents who are police officers violated my non-derogable constitutional right of freedom from torture and cruel, inhuman and degrading treatment as enshrined under Article 25(a) of the Constitution.”
A Judge issued directions on service and filing of responses and directed that the same be placed before Justice Mwamuye on October 16, 2025.
On the said date, the Judge was not sitting hence the matter was rescheduled for mention on January 26, 2026.
The petitioner said she has continued to receive threats to her life and limb from the emissaries of the two demanding for the withdrawal of the instant Petition and application.
“I am willing to disclose details of the said contacts to the court in camera.”
She in affidavit disclosed numerous contacts and persons who have on various occasions reached out to her and
issued threats to her life.
“I have reported these incidences to the police but no action has been taken to protect me.”
“As a result of the continued intimidation, I have been forced to take refuge together with my family in a safe house for fear of victimization and harm to my life and that of my family,” she said.
She added unless the instant application is heard on priority and the orders sought granted, her right to liberty and life will continue to be violated and/or threatened by the actions of the two and their cronies.
In the suit, the woman said that the withdrawal was not done meritoriously, and the trial court disregarded the views and strong prima facie evidence produced.
She also asked that the court quash the decision made by the lower court on September 2, 2025, as requested by the DPP through Jacinta Nyamosi and Nora Achieng.
She further asked an order prohibiting the National Police Service Commission, the Director of the Internal Affairs Unit, and the Inspector General of Police from restoring the respondents to active police duty until the matter is heard and determined.
Muraya and Abdisalam 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 Ayni from pursuing her complaint of assault against Abdihakim Said Jama, who was tried and convicted for the said offence.
They faced another charge of abuse of office.
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