DPP’s Decision Looms in British National Detention Saga
Ingonga is yet to give his decision upon reviewing the files and give the direction on whether to terminate or to proceed with the matter against the officers.
The Director of Public Prosecutions (DPP) Renson Ingonga has been given a week to give his final decision on whether he will terminate a criminal case against a senior police officer charged with illegal detention of a British national.
Milimani senior principal magistrate Benmark Ekhubi gave Ingonga until May 5, 2025, to give his decision in the case against police officers Rebbecah Njeri Muraya an officer commanding Eastleigh North Police Station, and Seargent Abdisalam Ahmed from the same station.
This is after it emerged that Ingonga is yet to give his decision upon reviewing the files and give the direction on whether to terminate or to proceed with the matter against the officers.
The DPP through Norah Atieno has been seeking the deferment of plea taking of the duo who allegedly committed the said offence in 2021.
The plea-taking of the two officers was supposed to be on January 23, 2025, and it was postponed to February 18, upon the request by the defence counsel citing the health concerns of the accused persons.
On February 18, the DPP through Norah Atieno requested to differ the plea for 30 days to review the files, and the matter was scheduled on March 16 where for the second time Norah made an application for an adjournment for another 30 days for the review of the files.
Their request was admitted by the court and they were granted 30 days where it was scheduled to proceed on March 16, 2025. On the aforementioned dates, the DPP sought another 30 days to peruse the two files which they claimed to be from the same complainant but reported from different entities one being the police and the other from the Internal Affairs Unit.
On April 16, the DPP made the same request to postpone the plea taking this time for seven days to have the two files perused a prayer that was rejected by the magistrate.
In her application, Norah told the magistrate to grant her seven more days for the DPP Renson Ingonga to review the two files and make his comment,
“Your honour I pray before this court to grant the ODPP seven more days for the review of the two files,” Norah submitted.
The application was vehemently opposed by Simon Mburu, a lawyer holding briefs for the complainant.
On his ruling, Milimani Chief Magistrate Lucas Onyina directed the plea-taking of the duo to proceed citing that no prejudice will be suffered by the DPP since he can peruse the files and make his decision even after the plea has been taken,
“I have considered the submissions by the prosecution and the defence and I consider the plea taking of the two persons to proceed. The DPP is at liberty to make a decision on whether to terminate the matter at later stages,” the magistrate directed.
The DPP was given seven days to appear in court and give his comment on the charges after review of the files.
The two officers were charged that on December 31, 2021, at Eastleigh North Police Station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at Muthaiga Police Station for two days.
Since the trial court was not sitting today, the magistrate directed the matter to be mentioned on May 5, 2025, before the trial court for further directions.
