Woman files petition to revive torture charges against two senior police officers
In her pleadings, the woman accuses the officers of abuse of authority, unlawful detention, and torture, and is asking the court to quash the magistrate's ruling. She is also seeking leave to conduct a private prosecution against the two.
A businesswoman has moved to the High Court seeking to reinstate torture charges against two police officers after the Director of Public Prosecutions (DPP) withdrew the case.
Mahammud Ayni Hussein, through her lawyers from the Federation of Women Lawyers (FIDA-Kenya), filed a petition in the Constitutional and Human Rights Division challenging the decision by a Milimani Magistrate to allow the DPP to drop the charges against Officers Rebecca Muraya and Abdisalam Ahmed.
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In her pleadings, Mahammud accuses the officers of abuse of authority, unlawful detention, and torture, and is asking the court to quash the magistrate's ruling. She is also seeking leave to conduct a private prosecution against the two.
She also wants the matter certified as urgent, citing threats to her safety and a violation of her constitutional rights, including freedom from torture and the right to fair administrative action.
The case lists several parties, including the Director of the Internal Affairs Unit, the Inspector General of Police, the Federation of Women Lawyers (FIDA-Kenya), and the International Justice Mission (IJM), among others, as interested parties.
The petitioner argues that the 1st and 2nd respondents, police officers accused of unlawful detention and torture, were freed from criminal charges after a decision by the DPP withdrew the case.
She contends that reinstating them to active police duty without sanctions exposes her to further abuse.
"We pray for an order to block the reinstatement of the two officers pending determination of the case and allow FIDA-Kenya and IJM to conduct a private prosecution before a different magistrate against the officers, focusing on allegations of abuse of authority, unlawful detention, and torture", court documents read.
She maintains that unless the court intervenes, the respondents' return to active service would irreparably compromise her safety and undermine her attempts to seek justice.
Justice Lawrence Mugambi has certified the petition as urgent and directed that all respondents, including the two officers, the DPP, the Attorney General, and Magistrate Lucas Onyina, be served and file their responses within seven days.
The case is scheduled for hearing on October 16.
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