A case involving two senior police officers accused of torturing a British national will proceed to hearing on October 24, 2025, as directed by the court.
Milimani Chief Magistrate Lucas Onyina issued the directive, ordering Rebbecah Njeri Muraya—Officer Commanding Station (OCS) of Eastleigh North Police Station—and Sergeant Abdisalam Ahmed, also from the same station, to report to the investigating officer for fingerprinting.
The magistrate further instructed that both accused officers be served with the charge sheet and witness statements ahead of the scheduled hearing. A mention date was also set for July 9, 2025, to confirm compliance with the court’s orders.
State prosecutor Irene Magola requested additional time, explaining that the case file was still under review by the Office of the Director of Public Prosecutions (ODPP), and the defence had not yet been furnished with the necessary documents.
“Your Honor, we ask for more time as we are yet to supply the required documents. The file has been under review by the ODPP, and the process is not yet complete,” Magola submitted.
Magola also requested the court to set a hearing date and assured that the documents would be served to the defence beforehand. Defence counsel Tito Kimosop agreed with the prosecution’s request for adjournment and emphasized the need to ensure that all documents are provided to the defence.
The case has faced several delays, with the prosecution repeatedly requesting more time to allow the ODPP to review the files. According to Norah Atieno from the DPP’s office, the delays stem from the existence of two separate files originating from the same complaint; one from the police and another from the Independent Policing Oversight Authority (IPOA).
She noted that both files needed to be reviewed before charges could proceed, as they were submitted by different entities.
Despite previous requests for two 30-day extensions to review the files, the ODPP has yet to finalize the process.
Simon Mburu, counsel representing the complainant, urged the court to consider Article 159 of the Constitution, which emphasizes the importance of timely justice.
He expressed concern over the prolonged delays, noting that the DPP had already sought adjournments twice on the same grounds.
“Your Honor, while the DPP has the discretion to proceed with or withdraw charges, Article 159 stresses the need to avoid unreasonable delays in the delivery of justice,” Mburu argued.
The two officers are accused of unlawfully arresting and detaining Ayni Hussein Mahammud on December 31, 2021, at Eastleigh North Police Station in Nairobi’s Starehe Sub-county.
It is alleged that they ordered her detention at Muthaiga Police Station for two days to intimidate her after she reported an assault incident involving Abdihakim Saidi Jama.
They also face charges of abuse of office under Section 101(1), read together with Section 102 of the Penal Code, for arresting and detaining Mahammud without sufficient cause.
