ODPP Seeks to Withdraw Case Against Police Officers Citing Double Jeopardy

The Milimani court will deliver the ruling on whether to withdraw a matter where two senior police officers were charged with assaulting and illegally detaining a British national on September 2, 2025.

This comes after the Office of the Director of Public Prosecutions (ODPP) applied before Chief Magistrate Lucas Onyina to withdraw the matter for what they termed as double jeopardy since a disciplinary action had already been taken towards the two officers, Rebecca Njeri Muraya, the OCS Eastleigh North Police Station, and Abdisalam Ahmed from the same station.

For the last seven months, the ODPP has been reviewing the five files claiming to emanate from the same complainant but reported from different entities.

Through state prosecutor Joyce Olajo, the Director of Public Prosecutions, Renson Ingonga, reiterates the withdrawal of the matter under Article 87,

“Your honor the ODPP under Article 157 is given power to initiate or withdraw any criminal proceeding independently,” Olajo told the court.

Olajo further added that the complainant, Ayni Hussein Mahamoud, has a legal option to write to the DPP requesting a review of the decision or seek leave from the High Court to file a private prosecution.

The defence team, led by Njoroge Muinde from International Justice Mission IJM, vehemently opposed the decision by the DPP to terminate the case, saying that the complainant’s rights will be jeopardized.

“Your honor, I would like to remind the court that the discretionary power by the DPP is undergrounded by public interest and the interest of parties – state, accused and the complainant should be considered and mostly the complainant. In view of Public interest, I urge this court to disallow the application,” Muinde said.

He said that the rights of the complainant cannot supersede those of a bona fide victim.

Muraya and Ahmed, being police officers within the National Police Service NPS, were accused that on December 31, 2021, at Eastleigh North Police Station intentionally and unlawfully jointly ordering the arrest of Ayni Hussein Mahammud and detaining her at Muthaiga Police Station for two days with the intent to intimidate her in pursuing a complaint of assault against Abdihakim Saidi Jama.

The duo was also charged with abuse of office contrary to Section 101 (1) as read together with Section 102 of the Penal Code.

They were charged that, on December 31, 2021, at Eastleigh North Police Station within Starehe Sub-county in Nairobi county, they jointly unlawfully and without any sufficient cause arrested Ayni Hussein Mahammud and detained her in Muthaiga Police Station.

The court will deliver the ruling on September 2, 2025.