NAIROBI, Kenya – A Nairobi businesswoman, Mahammud Ayni Hussein, has filed an urgent petition seeking to stop the reinstatement of two police officers she accuses of torture, unlawful detention, and abuse of authority while serving at Eastleigh North Police Station.
The officers, Chief Inspector Rebecca Njeri Muraya and Sergeant Abdisalam Ahmed, were previously charged in court, but the case was later withdrawn by the Office of the Director of Public Prosecutions (ODPP).
Hussein argues that allowing them back into active duty after the withdrawal would expose them to further harm. “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,” her court application states.
Through lawyers from FIDA-Kenya and the International Justice Mission (IJM), Hussein is also seeking leave to initiate judicial review proceedings to bar the officers’ reinstatement and conduct private prosecutions before a different magistrate.
The case names multiple state institutions and oversight bodies as respondents, including the Attorney General, the ODPP, the Kenya National Commission on Human Rights, IPOA, the Ombudsman, and the National Police Service Commission (NPSC).
Justice Lawrence Mugambi, who acknowledged the application filed under a certificate of urgency, directed that the parties be served within three days and responses filed within seven days. He scheduled further directions for October 16, 2025.
The ODPP had earlier argued that the case was withdrawn on grounds of double jeopardy, since the officers had already faced disciplinary action by the Internal Affairs Unit (IAU).
State prosecutor Joyce Olajo told the court that the DPP had insufficient evidence to proceed, prompting the withdrawal under section 87(a) of the Criminal Procedure Code.
However, Hussein contends she found no evidence of any disciplinary or alternative justice mechanisms undertaken against the officers.
Her legal team argues that reinstating them without accountability undermines constitutional protections against torture and abuse of authority.
Civil rights advocates say the case highlights systemic gaps in police oversight. “This matter underscores the recurring problem of accountability within the police service.
Victims often face secondary victimization when justice is delayed or denied,” said a rights activist familiar with the case.
The petition is now set to test how far Kenya’s judicial and oversight institutions are willing to go in balancing police discipline, victims’ rights, and constitutional guarantees of accountability.
