A woman who alleges she was tortured while in police custody has turned to the High Court to block the return of two senior officers to duty and to push for their prosecution after the criminal case against them was withdrawn.
Mahamud Ayni Husseini has filed a petition challenging the reinstatement of former Eastleigh North Police Station OCS Inspector Rebecca Muraya and Sergeant Abdisalam Ahmed.
She accuses the two of ordering her arrest and mistreating her during her detention, and is now seeking permission to institute a private prosecution through Fida Kenya and the International Justice Mission (IJM).
The matter has been listed for hearing on October 16 before Justice Lawrence Mugambi. Ayni filed the case after Milimani Chief Magistrate Luxcas Onyina allowed a request by Director of Public Prosecutions Renson Ingonga to terminate the criminal charges against the officers.
The DPP had told the court “there is no evidence to support the criminal case,” leading to their release.
In her application, Ayni says she fears for her safety should the officers return to service, warning that they may use their positions to target her.
“That this court be pleased to issue an interim order of prohibition restraining the National Police Service and Inspector General of Police (IGP) Douglas Kanja or any officer working under him from or any other entity restoring Insp Muraya and Sgt Ahmed to active police duties,” she stated in her petition.
She is also seeking authorization to file a judicial review to challenge the magistrate’s decision to withdraw the case under Section 87(a) of the Criminal Procedure Code. She argues that the decision ignored her constitutional rights, including protection from torture and the right to safety.
The two officers had faced charges of unlawful detention and torture. They were accused of ordering Ayni’s arrest on December 31, 2021, at Eastleigh North Police Station and holding her at Muthaiga Police Station for two days.
When terminating the case, Magistrate Onyina ruled that the officers had already been subjected to disciplinary action within the National Police Service, and proceeding with a criminal trial would amount to double jeopardy.
He further observed that the prosecution had admitted lacking enough evidence to proceed with the case.
“The prosecution in this case has expressed lack of confidence in their ability to discharge its burden based on the evidence in their possession,” Onyina said.
Following their plea, the officers lodged a complaint with the Office of the Director of Public Prosecutions asking for a review of the decision to charge them. This led to the DPP’s application to drop the case, which the magistrate allowed.