Illegal detention case against Eastleigh North OCS put off for 30 days as DPP seeks to consolidate cases
Rebecca Njeri Muraya and Sergeant Abdisalam Ahmed are charged with detaining Ayni Hussein without charges in 2021
The Director of Public Prosecutions (DPP) wants a Nairobi court to defer the plea taking of two police officers for 30 days to review their files with a view to consolidating the charges they are facing.
While submitting the application before Milimani Chief Magistrate Lucas Onyina, the DPP, through Norah Owino, applied to have the plea against Rebecca Njeri Muraya, the Eastleigh North Officer Commanding Police Station (OCS) and Sergeant Abdisalam Ahmed deferred for 30 days, saying the files are related and need to reviewed afresh.
“Your honour we pray the plea to be different for 30 days to have ample time for review of the files which are relating to the same offence. We may consolidate the files after reviewing and prefer charges against them,” Owino said.
The defence lawyer Samson Nyaberi concurred with the DPP’s plea for adjournment and deferment of the plea taking.
Muraya and Ahmed are accused of illegally detaining one Ayni Hussein.
According to the court papers, the officers are expected to face two counts of illegal detention without charges and abuse of office.
Muraya and Ahmed, being police officers within the National Police Service NPS, on December 31, 2021 at the said police station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud detained her at Muthaiga Police Station for two days with intent to intimidate her pursuing her complaint of assault against Abdihakim Saidi Jama.
The duo were further expected to face another charge of abuse of office contrary to Section 101 (1) as read together with section 102 of the Penal Code.
According to the charge sheet, on December 31, 2021 at Eastleigh North Police Station within Starehe Sub-county in Nairobi, they jointly unlawfully and without any sufficient cause arrested Ayni Hussein Mahammud and detained her in Muthaiga Police Station.
While admitting the deferment of the plea taking, the magistrate ordered the duo to be released on personal bond of Ksh 500,000 without a surety each until March 13, 2025.
“The plea by the prosecution to differ the plea taking is hereby allowed. The respondents should appear before the court on March 13, this year for plea taking,” the magistrate directed.
