Nairobi businesswoman seeks to block reinstatement of police officers over alleged torture

A Nairobi businesswoman, Mahammud Ayni Hussein, has 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The two were previously charged in court but the case was later withdrawn by the Office of the Director of Public Prosecutions (ODPP).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 wants the court to bar the National Police Service Commission (NPSC) and the Internal Affairs Unit from restoring the duo to active duty.

She argues 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 is further seeking 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.

Hussein wants 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.