Central Police Station OCS Samson Talaam and Police Constable James Mukhwana have filed a petition at the High Court seeking to block their prosecution over the death of teacher and blogger Albert Ojwang, who died while in police custody.
Through their lawyer, Danstan Omari, the two officers argue that their arrests by the Independent Policing Oversight Authority (IPOA) are both premature and procedurally improper.
They contend that, according to Sections 385 to 388 of the Criminal Procedure Code, any death occurring in police custody should first be subjected to an inquest to determine the cause of death before any criminal charges are considered.
The officers claim that skipping this vital legal process not only violates established procedures but also risks obstructing the pursuit of justice.
OCS Talaam maintains that he was not present at the station during Ojwang’s detention, having handed over his responsibilities to his deputy.
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He further claims his arrest was unlawful, alleging that a civilian IPOA officer booked him at Lang’ata Police Station, a role he argues should be exclusively handled by serving police officers under the law.
Meanwhile, PC James Mukhwana, who was the officer assigned to monitor the cells on the night of Ojwang’s detention, is currently being held at Capitol Hill Police Station. IPOA is requesting to detain Mukhwana for an additional 21 days to allow for thorough investigations, citing concerns that the officer might interfere with witnesses if released. Mukhwana’s defense team has objected to the extended detention, emphasizing his consistent cooperation with the investigative process.
The case has sparked widespread public interest, with growing demands for accountability, justice, and transparency as investigations continue into the circumstances surrounding Albert Ojwang’s death in police custody.
