The Milimani Law Courts will on September 2, 2025, deliver a ruling on whether to allow 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 applied to terminate the case, citing the complainant’s consent and the fact that the officers had already undergone internal disciplinary proceedings.
“Proceeding with this matter would amount to double jeopardy, as the accused persons have already been subjected to internal disciplinary mechanisms,” the prosecutor told the court.
The prosecution further argued that, since the officers had faced disciplinary action through the police oversight structures, pursuing criminal charges would be repetitive and prejudicial.
However, the complainant’s legal team, led by Njoroge Muinde from the International Justice Mission (IJM), objected to the application, saying they had not been formally served with the notice to withdraw the case.
“There has been no proper notice or application served on us to withdraw this matter,” said Muinde.
“This case raises serious allegations that deserve to be heard and determined on merit.”
The case involves two officers, who were charged in 2024 following investigations by the Independent Policing Oversight Authority (IPOA).
According to the charge sheet, the officers are alleged to have arrested the UK national on December 31, 2021, and detained her for two days at Muthaiga Police Station without lawful justification.
The detention is said to have occurred in the context of an assault complaint involving another individual.
The case was filed by IPOA as part of its mandate to oversee police conduct and accountability.
The officers were later released on a cash bail of Sh100,000 each after taking plea at Milimani Law Courts.
The court is now expected to weigh both the legal and procedural arguments before making a determination on whether the case will proceed or be withdrawn.
