The Director of Public prosecutions (DPP) Renson Ingonga has withdrawn a criminal case against a former Eastleigh North police station Commander (OCS) Rebecca Njeri Muraya and her junior Sergeant Abdisalam Ahmed accused of torture after allegedly ordering the illegal detention of a United Kingdom national for two days.
In a ruling delivered by Milimani Chief Magistrate Lucas Onyina on Wednesday, September 3,2025 allowed the DPP’s request to drop the two charges against the two police officers of abuse of office and torture relating to the unlawful detention of businesswoman Ayni Hussein Mahammud.
The state prosecutor had urged to terminate the charges against former OCS Njeri and Ahmed citing for lack of sufficient evidence and double jeopardy.
Magistrate Onyina stated that, “prosecution in this case have expressed lack of confidence in their ability to discharge the burden based on the evidence in their possession.”
He noted that after the review of five files forwarded by different investigative agencies, the DPP formed an opinion that the evidence is insufficient to prove the charges against the accused.
While allowing the plea, that it will not be fair to refuse the application for withdrawal of the charge and go through the entire trial process when the prosecution has doubts on adequacy of evidence in their possession to prove the charges,
He added that Judicial discretion must be exercised judiciously, and in the current case, there is no ground for exercise of discretion in favour of denial of the application,
“Therefore, the prosecution is permitted to withdraw the charges against
each of the two accused persons herein, and each of the two accused persons is discharged in respect of each of the two counts under section 87(a) of the Criminal Procedure Code,” he ruled.
Muraya was charged alongside Seargent Abdisalam Ahmed from the same station with two counts of illegal detention and torture of a British national Ayni Hussein Mahammud.
Charges against the two are that, being police officers within the National Police Service, on December 31, 2021, at the Eastleigh North police station, they intentionally and unlawfully jointly ordered the arrest of Hussein and detained her at the Muthaiga police station for two days.
They are accused of doing this with the intent to intimidate her from pursuing a complaint of assault against Jama.
“On December 31, 2021, at Eastleigh North police station within Starehe Sub County in Nairobi county, you unlawfully and without any sufficient cause and reason arrested Ayni Hussein Mahammud and detained her at Muthaiga police station,” the charge reads in part.
After pleading to the charges , the two officers lodged a complaint to the ODPP in a letter dated 5/2/2025 where they also sought that the office review the
decision to charge them.
After the review of the two files, from International Policing Oversight Authority (IPOA) and Internal Affairs Unit (IAU), the deputy DPP Jacinta Nyamosi, she noted that charging the accused persons would amount to double jeopardy since they had already been subjected to disciplinary action.
This action was done by the Internal Affairs Unit in view of the earlier direction which was given on 4/4/2024, in the circumstances, her instructions were to apply for withdrawal of the matter under section 87(a) of the Criminal Procedure Code.
 Rebecca Njeri Muraya and her junior Sergeant Abdisalam Ahmed accused of torture){kind=link}