The Prosecution has withdrawn criminal charges against former Eastleigh North Police Station officer Rebeccah Njeri Muraya and her colleague, Sergeant Abdisalam Ahmed, citing insufficient evidence and double jeopardy.
While granting the application, Milimani Chief Magistrate Lucas Onyina noted that the prosecution had admitted it could not sustain the case.
“The prosecution in this case has expressed lack of confidence in their ability to discharge the burden based on the evidence in their possession,” Onyina ruled.
The court observed that after reviewing five separate files forwarded by different investigative agencies, the DPP concluded that the evidence was not strong enough to support the charges.
The magistrate further stated that it would be unfair to subject the accused to a full trial when even the prosecution doubted the adequacy of its case.
Consequently, the magistrate permitted the withdrawal of charges under Section 87(a) of the Criminal Procedure Code, discharging both officers from the two counts they faced.
Muraya and Ahmed had been charged with illegal detention and torture of British national Ayni Hussein Mahammud. They were accused of unlawfully ordering her arrest on December 31, 2021, and detaining her at Muthaiga Police Station for two days in an attempt to intimidate her from pursuing an assault complaint against another individual, Abdihakim Said Jama.
The two were also facing a count of abuse of office, with the prosecution alleging that they unlawfully detained Mahammud without sufficient cause. Both officers denied the charges.
After pleading not guilty, the officers wrote to the Office of the Director of Public Prosecutions (ODPP) on February 5, 2025, requesting a review of the decision to prosecute them.
Deputy DPP Jacinta Nyamosi reviewed files from the Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU).
She concluded that prosecuting the officers would amount to double jeopardy, since they had already faced disciplinary action over the same incident.
Nyamosi noted that the IAU had previously acted on directions issued in April 2024, making further prosecution untenable.
On this basis, she instructed that the case be withdrawn under Section 87(a) of the Criminal Procedure Code.
In his ruling, Magistrate Onyina emphasized that judicial discretion must be exercised judiciously, and in this case, there was no basis to deny the DPP’s application.
“The prosecution is permitted to withdraw the charges against each of the two accused persons herein, and each of them is discharged in respect of both counts,” the magistrate declared.
The withdrawal brings an end to the criminal case that had cast a shadow over the two officers for more than three years.
