Four-Year Wait for Justice: British National’s Assault Case Against Police Officer Delayed Again

The prosecution has maintained a superfluous delay in prosecuting a case where a senior police officer is charged with assault and illegal detention of a British National.

The offence which took place in 2021 has been delayed since then, the complainant Ayni Hussein Mahamoud yearning to get justice after a long time of mental torture.

The prosecution, through Joyce Olajo, again prayed for seven more days to allow the Director of Public Prosecution DPP to finalize the review of the two files, which they claim emanate from the same complainant but were reported in different entities.

When the matter came up in court for plea taking in January this year, the prosecution requested the court to defer the plea taking of Rebeccah Njeri Muraya, OCS Eastleigh North Police Station, and Sergeant Abdisalam Ahmed from the same station for one month.

Since then, the matter has been delayed, with the prosecution seeking more time despite the duo taking a plea with the reason of reviewing the files.

When the matter came up for mention to confirm the supply of documents to the defence, the prosecution prayed for seven days, claiming they are yet to supply the documents since the file is in the office of the DPP.

“Your honor, the instructions I have is to seek for one week to allow the DPP finalize the review of the files whereby he is almost through,” Olajo requested.

The prosecutor further told the magistrate they have yet to supply the documents to the defence and prayed for a mention date in a week to confirm the same.

The defence lawyer concurred with the prosecution for more time but urged them to supply the relevant documents for preparation.

Milimani Chief Magistrate Lucas Onyina admitted the application for adjournment but maintained the hearing date that he had granted earlier.

“I have allowed the application for adjournment by the prosecution for seven days. The matter will be mentioned on July 23, this year but the hearing date will remain as scheduled,” the magistrate ruled.

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 offence of abuse of office contrary to the law.

The prosecution told the court that the duo had unlawfully and without sufficient cause and reason arrested Mahammud and detained her at Muthaiga Police Station.

The hearing of the matter will proceed on October 24, 2025.