The Director of Public Prosecutions Renson Ingonga for the second time been allowed to to defer the plea taking of two police officers accused of abuse of office and unlawful detention of a Kenyan-British national for 30 days to review multiple files relating to the case.
In seeking the adjournment, the DPP told the court that the matter was lodged with different entities.
The plea taking was supposed to take place on January 23 but was postponed to February 18, upon the request by the defence counsel citing health concerns.
However, on February 18, the DPP, through Norah Owino, made a request to defer the plea taking for 30 days to review the files and the matter was scheduled for today where he made similar application.
While seeking the adjournment before the Milimani Chief magistrate Lucas Onyina, the DPP through Norah Owino applied to have the plea against Chief Inspector Rebecca Njeri Muraya and Sergeant Abdisalam Ahmed defered for 30 days to have time to review the multiple files they have which are related.
“Your honour I pray for an adjournment of the plea taking for 30 days to review the multiple files we have which are related and involving same complainant,” Owino prayed.
Owino told the court that they have received two files – one from the police and the other from Independent Policing Oversight Authority (IPOA) – referring to the same complaint and he cannot prefer charges before reviewing the two files.
The counsel holding brief for the complainant Simon Mburu urged the court to consider Article 159 of the Constitution which provides that justice shall never be delayed.
“Your honour, despite the DPP having the decision to charge or withdrawal of the case, Article 159 talks about the issue of delay in respect to justice. The complaint was made and a decision to charge also hence the suspects need to take plea,” Mburu submitted.
He told the court that the complainant feels that it is taking too long in the circumstances considering the DPP has sought the adjournment twice with the same ground. He urged the court to give a concrete direction on the matter to ensure justice has been served to the complainant.
He prayed the court to grant the DPP seven days to review the two files.
In response, Owino told the court that she was acting on behalf of the team that will review the files and giving a timeline of seven days might create inconveniences since she could not tell how long it will take. She insisted that the request is based on the files filed by the complainant.
The defence lawyer Samuel Ogechi concurred with the DPP for adjournment of the case.
Muraya, who at the time of the alleged offence was the Officer Commanding Station (OCS) at Eastleigh North Police Station, and Ahmed, also from the same station, were supposed to face charges relating to the alleged illegal detention of Ayni Hussein Mahammud.
According to the charge sheet, the officers are expected to face two counts of illegal detention without charges and abuse of office.
It reads that 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.
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.
In determining the matter, the magistrate noted the submissions by the parties and admitted the application by the prosecution,
“The prayers by the prosecution to defer the plea taking for 30 days is hereby allowed. The respondents should appear before the court on March 13, this year for directions,” the magistrate directed.
The matter will be mentioned on April 16.
