DPP’s Third Plea Adjournment Bid Fails, Police Officers Charged
The detention was to intimidate Mahammud from pursuing her complaint of assault against Abdihakim Said Jama.
The third trial for the Director of Public Prosecutions DPP seeking adjournment of the plea-taking of two police officers charged with torturing a British national was futile after the court declined.
Milimani Chief Magistrate Lucas Onyina directed Rebbecah Njeri Muraya an officer commanding Eastleigh North Police Station and Seargent Abdisalam Ahmed from the same station to be charged with the offences of torture and abuse of office.
The two 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.
The court was told that the detention was to intimidate Mahammud from pursuing her complaint of assault against Abdihakim Said Jama.
The two also faced another offense of 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.
The plea-taking of the said officers was supposed to be on January 23, 2025, and it was postponed to February 18, upon the request by the defense counsel citing the health concerns of the accused persons.
On February 18, the DPP through Norah Owino requested to differ the plea for 30 days to review the files, and the matter was scheduled for plea taking 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.
While seeking the adjournment before the Milimani Chief Magistrate Lucas Onyina, the DPP through Norah Owino applied to have the plea against Rebecca Njeri Muraya and Abdisalam Ahmed differed for 30 days to have time to review the multiple files they have which are related,
“Your honour I pray for an adjournment of the plea taking for 30 days to review the multiple files we have which are related and involving the same complainant,” Owino prayed.
When the matter came up today for plea taking, the DPP through the same counsel prayed for adjournment for seven days for the DPP to receive the said files.
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 counsel told the court that the two files originate from the same complaint and complainant which was reported from two different entities one being the police and the other Internal Affairs Unit.
Her submissions were opposed by lawyer Simon Mburu holding brief for the complainant who urged the court to consider the unnecessary delay by the ODPP despite the approval of the charge sheet in January this year,
“Your honour before the charge sheet was filed, the ODPP had received the file and approved the charges. The DPP now reviews and sits on its own decision which is unlawful,” Mburu submitted.
The lawyer urged the court to consider the period since the approval of the charges and proceed with the plea-taking.
The defense lawyer had concurred with the plea by the ODPP urging the prosecution to withdraw the charges.
On deciding the matter, the magistrate considered the submissions by the parties and noted that “no prejudice will be suffered if the plea taking proceeds since the DPP has to decide to charge or withdraw the matter which still can be done later.”
The duo denied the charges leveled against them and were released on bond of Ksh 500,000.
The matter will be mentioned on April 25, 2025.
