Police torture case against British national to proceed on October 24

OCS Eastleigh North Police Station, Rebecca Njeri Muraya and Seargent Abdisalam Ahmed from the same station at the Milimani Law Court on June 4, 2025. (Photo: Carolyne Kubwa)

By Carolyne Kubwa
Wednesday, June 4, 2025

Milimani Chief Magistrate Lucas Onyina directed Rebbecah Njeri Muraya, the OCS Eastleigh North Police Station and Sergeant Abdisalam Ahmed from the same station to present themselves to the officer investigating the matter for the purpose of taking their fingerprints.

The case in which a senior police officer is charged with torturing a British national will proceed on October 24, 2025, the court has directed.

While giving directions on the matter, Milimani Chief Magistrate Lucas Onyina directed Rebbecah Njeri Muraya, the OCS Eastleigh North Police Station and Sergeant Abdisalam Ahmed from the same station to present themselves to the officer investigating the matter for the purpose of taking their fingerprints.

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The magistrate also ordered the accused persons to be served with witness statements and the charge sheet before the hearing date.

"I hereby direct the prosecution to serve the defence with statements and the charge sheet. The magistrate also set a mention date on July 9, 2025, to confirm compliance," he said.

State prosecutor Irene Magola had prayed for more time, admitting they have not furnished the documents to the defence since the file had been in the Office of the Director of Public Prosecutions ODPP for review.

"Your honour, 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 to be complete," Magola submitted.

Magola urged the court to set a hearing date while they serve the documents to the defence before the hearing commences.

The defence lawyer Tito Kimosop concurred with the prosecution for an adjournment and urged the court to order the service of documents.

The matter has been adjourned severally times by the prosecution seeking more time to allow the ODPP to peruse the files, which they claim emanated from the same complainant but were 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 Independent 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 has yet to conclude on the same.

The counsel holding brief for the complainant, Simon Mburu, urged the court to consider Article 159 of the Constitution that deals with the issue of delay in respect to 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 is served to the complainant.

The two officers serving within the National Police Service NPS were charged that, on December 31, 2021, at Eastleigh North Police Station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at Muthaiga Police Station for two days with intent to intimidate her while 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.