The Lower Eastern Times Opening The Third Eye
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The Milimani Law Courts will rule on September 2, 2025, whether to approve the withdrawal of a criminal case against two police officers accused of unlawfully detaining a UK national.
The Office of the Director of Public Prosecutions (ODPP) has requested the termination of the case, citing the complainant’s consent and the fact that the officers had already faced internal disciplinary action.
“Proceeding with this case would amount to double jeopardy, as the accused have already undergone internal disciplinary processes,” the prosecutor argued in court.
The prosecution further contended that since the officers had already been disciplined through the police oversight bodies, pursuing criminal charges would be redundant and unjust.
However, the complainant’s legal team, led by Njoroge Muindefrom the International Justice Mission (IJM), opposed the withdrawal, stating they had not received formal notice regarding the case’s withdrawal.
“There has been no official notification or application to withdraw this case,” said Muinde. “The allegations in this case are serious and deserve to be adjudicated on their merits.”
The case centers around two police officers charged in 2024 following investigations by the Independent Policing Oversight Authority (IPOA). According to the charge sheet, the officers allegedly arrested the UK national on December 31, 2021, and unlawfully detained her for two days at Muthaiga Police Station in connection with an assault complaint involving another individual.
The case was filed by IPOA as part of its oversight role in ensuring police accountability. Following their arraignment at the Milimani Law Courts, the officers were granted bail of Sh100,000 each.
The court is now tasked with deciding whether the case will proceed or be withdrawn, after considering both the legal and procedural arguments presented.
