Written By Were Kelly
The High Court of Kenya has set a tight schedule for a case in which Mahammud Ayni Hussein is challenging the state’s withdrawal of torture charges against two police officers, setting the stage for a crucial directions hearing.
In orders issued on October 2, Judge L.N. Mugambi certified Ms. Hussein’s application as urgent and gave all parties strict deadlines to file their responses.
The court has mandated that the petition must be formally served on the respondents, who then have a seven-day period to file their replies.
This paves the way for a significant directions hearing on October 16 before Justice B. Mwamuye, where the court will determine the next steps in the case.
The petition centres on allegations that police officers Rebecca Muraya and Abdisalam Ahmed subjected Ms. Hussein to abuse of authority, unlawful detention, and torture.
While the officers were initially charged in the Milimani Magistrate Court, the Director of Public Prosecutions (DPP) later applied to withdraw the charges, a move granted by Magistrate Lucas Onyina.
Ms. Hussein, represented by the Federation of Women Lawyers (FIDA-Kenya), argues that the magistrate’s decision was flawed.
Her petition claims he failed to properly question why the case was being dropped, did not consider the victim’s views, or ensure the decision was in the public interest.
She is now asking the High Court to quash the magistrate’s ruling and to grant her leave to conduct a rare private prosecution against the officers, citing the DPP’s “unwillingness to prosecute.”
The respondents, who must now comply with the court’s filing directions, include the two police officers, the DPP, the Attorney General, and Magistrate Onyina.
