Case Against Two Police Officers Withdrawn Due to Lack of Evidence and Double Jeopardy
The court noted that after reviewing five files forwarded by different investigative agencies, the DPP formed an opinion that the evidence is insufficient to prove the charges against the accused.
The Director of Public Prosecutions (DPP) has withdrawn a case against Rebeccah Njeri Muraya, a former Eastleigh North Police Station employee, for lack of sufficient evidence and double jeopardy.
While admitting the DPP’s plea, Milimani Chief Magistrate Lucas Onyina stated, “prosecution in this case has expressed a lack of confidence in their ability to discharge the burden based on the evidence in their possession.”
The court noted that after reviewing five files forwarded by different investigative agencies, the DPP formed an opinion that the evidence is insufficient to prove the charges against the accused.
The magistrate also noted that it would not be fair to refuse the application for withdrawal of the charge and go through the entire trial process when the prosecution has doubts about the adequacy of the evidence in its possession to prove the charges.
He added that judicial discretion must be exercised judiciously, and in the current case, no grounds for the exercise of discretion in favour of the denial of the application.
“Therefore, the prosecution is permitted to withdraw the charges against each of the two accused persons herein, and each of the two accused persons is discharged in respect of each of the two counts under section 87(a) of the Criminal Procedure Code,” he ruled.
Muraya was charged alongside Sergeant Abdisalam Ahmed from the same station with two counts of illegal detention and torture of a British national, Ayni Hussein Mahammud.
After taking off the plea, the two officers complained to the ODPP in a letter dated 5/2/2025, where they also sought that the office review the decision to charge them.
After reviewing the two files from the International Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU), deputy DPP Jacinta Nyamosi noted that charging the accused persons would amount to double jeopardy since they had already been subjected to disciplinary action.
This action was taken by the Internal Affairs Unit in view of the earlier direction, which was given on 4/4/2024. In the circumstances, her instructions were to apply for withdrawal of the matter under section 87(a) of the Criminal Procedure Code an action that was supported by the defence lawyer Tito Kimosop.
The duo was charged that on December 31, 2021, at Eastleigh North Police Station, they intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at Muthaiga Police Station for two days.
The court heard that the detention was to intimidate Mahammud from pursuing her complaint of assault against Abdihakim Said Jama.
They also faced another offence, abuse of office, contrary to the law.
The prosecution told the court that the duo unlawfully and without sufficient cause and reason arrested Mahammud and detained her at Muthaiga Police Station.
They denied the charges leveled against them.
