Justice Denied? British National Battles DPP Over Dropped Police Brutality Case

A British national, Ayni Hussein Mahamoud, is now demanding justice after Director of Public Prosecutions (DPP) Renson Ingonga has applied to withdraw a case against two senior police officers accused of assaulting and illegally detaining her.

Through her lawyer Abdulhakim Abdullahi,  Mahamoud has strongly opposed the DPP’s move, accusing the prosecution of abusing the legal process and attempting to silence her with a flawed double jeopardy claim.

He told the court that they are ready to produce comprehensive evidence to show the action is against the constitution and abuse of legal process,

“Your honor we vehemently oppose the decision by the DPP to withdraw the matter since we are ready to produce evidence to prove the action is abuse of legal process,” Abdullahi told the court.

The lawyer requested four days to respond to the DPP’s application, as the documents they intend to present are voluminous.

He stated that the issue of double jeopardy, as raised by the DPP in closing the file, is a principle in law and requires proper evidence, which they failed to produce.

While applying to withdraw the matter, the DPP, through Joyce Olajo, told Milimani Chief Magistrate Lucas Onyina that their Office has received a total of five files from different investigating agencies where Ayni Hussein is the complainant. Olajo told the court that “all these files were reviewed separately and the decision made was communicated to the relevant agencies.”

The decision in respect to Internal Affairs Unit (IAU) enquiry file No 1/2023, which is a replica of IPOA/INV/110/2023, was made in April 2024.

In the letter signed by the deputy DPP Jacinta Nyamosi, it states that, “On October 9, 2024, a duplicate file Ref IPOA/INV/110/2023, was received at our offices proposing the same parties to be charged with similar offences. The files were received and inadvertently, the prosecution counsel was unaware of the prior decision made in the IAU file and made conflicting decision to charge the suspects.”

After the suspects were arraigned in court, they complained to their advocates, Omwoyo, Momanyi Gichuki & Co. Advocates, and after the DPP reviewed the two files, they noted that to charge the suspects would be a double jeopardy in lieu of the earlier directives.

Rebbecah Njeri Muraya, the officer commanding Eastleigh North Police Station, and Sergeant Abdisalam Ahmed from the same station were charged with the offences of torture and abuse of office.

The two were 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 was told that the detention was to intimidate Mahammud from pursuing her complaint of assault against Abdihakim Said Jama.

The two were also faced with another offence 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 levelled against them.

In determination, the magistrate directed the lawyer for the complainant to serve their submissions to the defence counsels.

Further, he scheduled the matter for mention on July 31, 2025, for directions.