Kenyan Police Officers Charged with Torture and Abuse of Power in UK National’s Unlawful Detention

Two Kenyan police officers, former Eastleigh North Police Station Commander Rebecca Muraya and her subordinate Abdisalam Ahmed, face charges of torture and abuse of office for allegedly ordering the unlawful detention of a British national, Ayni Hussein Mahammud.

The officers are accused of violating Section 4(a) and Section 5(1) of the Prevention of Torture Act. On 31 December 2021, at Eastleigh North Police Station, they allegedly ordered Mahammud’s arrest and detained her for two days at Muthaiga Police Station. The charges state that the officers acted with intent to intimidate Mahammud and deter her from pursuing an assault complaint against Abdihakim Saidi Jama.

Additionally, Muraya and Ahmed face charges of abuse of office under Section 10(1) and Section 102 of the Penal Code. The charge sheet alleges that they “unlawfully and without sufficient cause” arrested and detained Mahammud.

Both officers pleaded not guilty before Milimani Chief Magistrate Lucas Onyina. They were released on a Ksh 500,000 bond, initially paid when they first appeared in court last year. The case is scheduled for mention on 25 April.

The charges stem from an incident in which the officers allegedly refused to arrest Jama for assaulting Mahammud. Following intervention by the Directorate of Criminal Investigations (DCI), Jama was prosecuted at Makadara Law Courts, convicted, and fined Ksh 100,000 for the assault.

On 15 April, Mahammud wrote to Magistrate Onyina, expressing frustration over delays in prosecuting Muraya and Ahmed. “I respectfully urge you to ensure this matter proceeds without further delay, so I may have my day in court and present evidence to support the prosecution,” her letter stated.