A Nairobi businesswoman, Mahammud Ayni Hussein moved to court seeking orders to stop the reinstatement of two police officers she accuses of subjecting her to torture, unlawful detention, and abuse of authority.
The officers are Chief Inspector Rebecca Njeri Muraya, who was the Officer Commanding Station (OCS) at Eastleigh North Police Station, and her colleague Sergeant Abdisalam Ahmed.
The two were previously charged in court but the case was later withdrawn by the Office of the Director of Public Prosecutions (ODPP).
In her application filed under a certificate of urgency, Hussein wanted the court to bar the National Police Service Commission (NPSC) and the Internal Affairs Unit from restoring the duo to active duty.
She argued that their reinstatement, following the withdrawal of the charges, would expose her to further harm.
Through lawyers from FIDA-Kenya and International Justice Mission (IJM), Hussein has also applied for leave to institute judicial review proceedings for orders of prohibition and certiorari.
She sought permission to conduct private prosecutions against the two officers before a different Magistrate, citing the seriousness of the alleged violations.
“The petitioner underwent torture at the hands of the 1st and 2nd respondents. Should they be allowed back to active police duty without sanctions, she will suffer irreparably as nothing shall stop them from further abusing their authority,” the notice of motion states.
The application lists multiple State institutions and oversight bodies as respondents and interested parties, including the Attorney General, the Director of Public Prosecutions, the Kenya National Commission on Human Rights, IPOA, the Ombudsman, and the NPSC.
She wanted the matter certified as urgent and heard ex parte in the first instance, citing her safety and the risk of continued violations of her constitutional rights.
While giving directions, Justice Lawrence Mugambi acknowledged the application filed under a certificate of urgency and a supporting affidavit sworn by the petitioner, Ayni Hussein Mahammud.
He directed the parties to be served within three days.
Justice Mugambi ruled that the application must be served within three days and the response filed within seven days from the day of service. Further directions will be given on October 16, 2025.
Hussein, a British national, sought the High Court’s intervention after the magistrates’ court admitted the plea by the DPP to withdraw the matter she complained of torture and illegal detention by Eastleigh North Police Station OCS jointly with her junior.
Still, the matter was later withdrawn before the commencement of the hearing.
According to the DPP, the matter was withdrawn on double jeopardy since the officers had already been subjected to disciplinary action by the Internal Affairs Unit (IAU).
They also expressed a lack of confidence in their ability to discharge the burden based on the evidence in their possession.
The Internal Affairs Unit took the said action in view of the earlier direction given on 4/4/2024 by the National Police Service Commission (NPS).
In the circumstances, the state prosecutor Joyce Olajo was instructed to apply for withdrawal of the matter under section 87(a) of the Criminal Procedure Code.
According to the petitioner, she sought information from the IAU and the Internal Policing Oversight Authority IPOA to ascertain whether any alternative justice mechanism or disciplinary proceedings were ever undertaken against the officers, and found none.
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