The Director of Public Prosecutions (DPP) recently secured a major conviction against a police officer from Mandera County, which demonstrates a significant development in the area of accountability within the security sector.
Abdihakim Abdi Saman, who at the time was attached to the Mandera Border Police Post, was convicted by the Mandera Magistrates Court of both grievous bodily harm contrary to Section 234 of the Penal Code and of an offence, and of assault.
These two offenses resulted from the prosecution’s case, which outlined the violent acts at a police facility in May 2024.
According to court proceedings, on May 11, 2024, while stationed at Mandera Police Station, the officer unlawfully inflicted grievous harm on Dahaba Noor Hillow.
During this same incident the accused was also convicted of assaulting Ali Abdirahman Maalim. The matter was investigated by the Independent Policing Oversight Authority (IPOA) and ultimately the accused faced trial and conviction before the magistrates’ court.
On February 20, 2026, a ruling was made by Hon. Omondi, and it was found that the prosecution case was proved to a standard that is sufficient in a criminal case.
The evidence shown during trial showed that the defendant had no doubt that they committed the acts for which they were being put on trial.
The prosecution team, led by Mr. Patrick Namiti, Mr. Lee Kadenyo, and Mr. Kasyoka, called 12 witnesses in the case.
The evidence adduced had the accused taking part in the events leading to the injury of the complainants.
It was heard in court that the evidence adduced had been consistent in its corroboration on the facts of the case.
On the other hand, the defense presented six witnesses in support of the accused’s case. This included an alibi.
Nevertheless, the court dismissed the alibi as unsubstantiated since it failed to raise reasonable doubt against the weight of the prosecution’s evidence.
Hon. Omondi, in his ruling, pointed out that the prosecution had satisfied the legal requirements in criminal cases.
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The case was investigated by IPOA, which has the mandate to provide civilian oversight over police conduct.
The investigations by the authority resulted in the arraignment and trial of the officer suspected of misconduct in his duties.
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The conviction has been regarded as a milestone in affirming the notion that law enforcement agents are not above the law but are accountable for criminal acts committed in the course of performing duties.
Sentencing has been slated to take place on February 26, 2026.
On this day, the court will reach a decision on the appropriate sentence in relation to Section 234 of the Penal Code with regard to serious harm and assault.
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The Office of the Director of Public Prosecutions (ODPP). PHOTO/ODPP_KE