Court issues arrest warrant for senior officer in case of British woman’s illegal detention
The court noted that Muraya was not represented by a counsel who could inform it about her whereabouts and the reasons behind her failure to appear as ordered.
A Nairobi court has issued an arrest warrant for a senior police officer who failed to appear in court for a case in which she is accused of illegally detaining a British woman.
Rebecca Njeri Muraya, the Eastleigh North Police Station OCS, who is jointly charged alongside Sergeant Abdisalam Ahmed from the same station, was expected to appear in court for a mention of her case, but failed.
During the mention of their case before Milimani Chief Magistrate Lucas Onyina, the court was told that Muraya was unwell and unable to attend court.
Ahmed told Onyina that Muraya called him and informed him she was sick.
However, the court was not served with any medical evidence or official communication through her legal counsel.
The court noted that Muraya was not represented by a counsel who could inform it about her whereabouts and the reasons behind her failure to appear as ordered.
"The court cannot assume the allegations are true since no evidence is produced. Her counsel did not appear in court to explain the reasons she failed to appear before the court; hence, we urge the court to issue a warrant of arrest," the prosecution said.
The counsels holding brief for the complainant, Julius Nyagah and Simon Mburu, urged the court to consider the duration the matter has been delayed and consider prosecuting for the interest of justice.
Nyagah, from International Justice Mission, urged the court to consider the period that justice has been delayed.
In giving directions, the magistrate issued a warrant of arrest against Muraya, stating no evidence was produced in court to support the claim of ailment.
"I hereby issue a warrant of arrest against the first accused person, for there is no evidence produced to prove she is sick," the magistrate ruled.
The two officers were jointly charged with illegal detention and torturing a British national, Ayni Hussein Mahammud.
They were charged that on December 31, 2021, at Eastleigh North Police Station, they intentionally and unlawfully jointly ordered the arrest of Ayni and detained her at Muthaiga Police Station for two days.
The court was told that the detention was to intimidate her from pursuing her complaint of assault against Abdihakim Said Jama.
The two also faced another charge of abuse of office, contrary to the law.
The prosecution told the court that the duo had unlawfully and without sufficient cause and reason arrested Ayni and detained her at Muthaiga Police Station.
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