High Court to Review Withdrawal of Torture Case Against Police Officers

The High Court has nodded to review the decision by the subordinate court to withdraw a matter as requested by the Director of Public Prosecutions DPP where two police officers were cleared of the offence of torturing a foreign woman.

While giving directions, Justice Lawrence Mugambi acknowledged the application filed under a certificate of urgency and a supporting affidavit sworn by the petitioner, Ayni Hussein Mahammud. He directed the parties to be served within three days.

Justice Mugambi ruled that the application must be served within three days and the response filed within seven days from the day of service. Further directions will be given on October 16, 2025.

Mahammud, a British national, sought the High Court’s intervention after the magistrates’ court admitted the plea by the DPP to withdraw the matter she complained of torture and illegal detention by Eastleigh North Police Station OCS jointly with her junior.

The officers, Rebeccah Njeri Muraya, the OCS and Sergeant Abdisalam Ahmed, were charged in the magistrate’s court with torture and abuse of office. Still, the matter was later withdrawn before the commencement of the hearing.

According to the DPP, the matter was withdrawn on double jeopardy since the officers had already been subjected to disciplinary action by the Internal Affairs Unit (IAU). They also expressed a lack of confidence in their ability to discharge the burden based on the evidence in their possession.

The Internal Affairs Unit took the said action in view of the earlier direction given on 4/4/2024 by the National Police Service Commission (NPS). In the circumstances, the state prosecutor Joyce Olajo was instructed to apply for withdrawal of the matter under section 87(a) of the Criminal Procedure Code.

According to the petitioner, she sought information from the IAU and the Internal Policing Oversight Authority IPOA to ascertain whether any alternative justice mechanism or disciplinary proceedings were ever undertaken against the officers, and found none.

“Moreover, the DPP no longer informed me of the reason behind the case withdrawal or any explanation. I have never been given retribution or any form of apology or compensation for the egregious and arbitrary wrongs of torture I endured,” Mahammud stated in her affidavit.

Mahammud says that the withdrawal was not done meritoriously, and the trial court disregarded the views and strong prima facie evidence produced.

The petitioner requests that the court quash the decision made by the lower court on September 2, 2025, as requested by the DPP through Jacinta Nyamosi and Nora Achieng.

She further wants an order prohibiting the National Police Service Commission, the Director of the Internal Affairs Unit, and the Inspector General of Police from restoring the respondents to active police duty until the matter is heard and determined.

Muraya and Abdisalam 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, who was tried and convicted for the said offence. They faced another charge of abuse of office.