The Office of Director of Public Protection has ordered the prosecution of two men accused of assaulting a house girl in Nairobi’s Kilimani area.
The ODPP ordered police at the Kilimani police station to prosecute the two for assaulting the woman on May 18.
This was after the complainant Miriam Atieno returned her P3 form showing she was assaulted.
Ibrahim and his brother were processed ahead of a planned arraignment.
Police said the probe file had returned and they plan to produce the two in court.
Assistant Director of Public Prosecution Dorcas Rugut said in a letter to the police that from a comprehensive look at the witness testimonies in the police file, the matter happened in private and pitted a house help versus her employer and immediate family.
“The assault occurred at a residential premises making it virtually impossible to have an independent witness to buttress the allegations leveled against the suspects by the complainant.”
“However, that does not negate the fact that there are circumstances that an offence can be committed without there being a battery of witnesses to support the sequence of events witnessed,” said part of the letter dated June 14.
She said an analysis of the P3 form indicates that there were swelling on the head, tenderness and swellings on the right sternal area, and right wrist bruising with the cause of injury being the use of hand and fist.
“The complainant has positively identified her assailant. The P3 form and treatment notes corroborate the complainant’s testimony and are sufficient enough to sustain the charge of assault causing actual bodily harm,” said the letter.
“You are hereby directed to have the suspects charged immediately for the offence of Assault causing bodily harm contrary to section 251 of the penal code.”
The woman’s lawyer Karen Rono had said her employer assaulted, tortured, and insulted her client under the guise of a family dispute, accompanied by his brother.
Subsequently, they forcibly ejected her from the premises and confiscated her personal belongings with the assistance of their siblings.
A group of activists later demanded the prosecution of the two people accused of assaulting the house girl.
The group staged three separate street protests and marched to the office of the Inspector General of Police and that of the Office of the Director of Public Prosecutions (ODPP) where they left a memorandum.
The latest protest happened on Friday, June 14 when the ODPP promised action.
