The Director of Public Prosecutions (DPP) has been granted a seven-day deadline to determine whether to proceed with charges against two senior police officers accused of unlawfully detaining a British national.
During a mention of the case at the Milimani Law Courts, Senior Principal Magistrate Benmark Ekhubi directed that the DPP must issue a decision by May 5, 2025.
The directive comes in relation to charges filed against Rebbecah Njeri Muraya, the Officer Commanding Eastleigh North Police Station, and Sergeant Abdisalam Ahmed, also from the same station.
The matter was initially scheduled for review by the trial magistrate, who was not sitting at the time, prompting Magistrate Ekhubi to issue the deadline.
It has been revealed that DPP Renson Ingonga has yet to give his opinion on whether to terminate or proceed with the prosecution, despite multiple opportunities to do so.
Through state counsel Norah Atieno, the Office of the DPP has repeatedly requested delays in the plea-taking process.
The alleged offence occurred in 2021, and the accused were initially set to take their plea on January 23, 2025. That date was postponed to February 18, 2025, at the request of the defense, citing the accused persons’ health issues.
On February 18, Atieno sought a 30-day deferment to review the case files. When the matter came up again on March 16, she requested another 30 days, citing the complexity of the case, which involved reports from both the police and the Internal Affairs Unit, though stemming from the same complainant.
When the case came up again on April 16, Atieno requested a further seven-day extension to allow the DPP more time to review the two files. However, this time, the request was denied by the magistrate.
“I pray before this court to grant the ODPP seven more days for the review of the two files,” submitted Atieno.
The request was strongly opposed by Simon Mburu, the complainant’s lawyer.
In his ruling, Milimani Chief Magistrate Lucas Onyina ordered the plea-taking process to proceed, noting that no prejudice would be suffered by the prosecution, as the DPP could still make a decision on whether to withdraw the charges even after the plea was entered.
“I have considered the submissions by both the prosecution and the defense. The plea-taking will proceed. The DPP remains at liberty to decide on the future of the case afterward,” ruled Magistrate Onyina.
The case involves allegations that, on December 31, 2021, the two officers unlawfully ordered the arrest and detention of Ayni Hussein Mahammud at Muthaiga Police Station, where she was held for two days.
Since the trial court was not in session on the day of the mention, the matter was rescheduled to May 5, 2025, for further directions.
