Central Police Station OCS Samson Talaam and Police Constable James Mukhwana have petitioned the High Court to stop their prosecution over the controversial death of teacher and blogger Albert Ojwang, who died while in police custody earlier this month.
Represented by lawyer Danstan Omari, the two officers argue that their arrests by the Independent Policing Oversight Authority (IPOA) were premature and failed to follow due process. They claim that Sections 385 to 388 of the Criminal Procedure Code require an inquest into any death in police custody before any criminal charges are brought against suspects.
According to OCS Talaam, he was not on duty at the time of Ojwang’s detention and had officially delegated responsibilities to his deputy. He also disputes the legality of his arrest, alleging that a civilian IPOA officer conducted his booking at Lang’ata Police Station—contrary to legal provisions mandating that only serving police officers carry out such procedures.
Meanwhile, PC Mukhwana, who served as the cell sentry the night Ojwang was held, is being detained at Capitol Hill Police Station. IPOA has applied for a 21-day detention to allow thorough investigations, citing fears that the officer may interfere with witnesses. Mukhwana’s legal team, however, insists he has cooperated voluntarily and should not be held.
The case has drawn national attention, with public outcry demanding justice and transparency in the circumstances surrounding Ojwang’s death. The push for accountability has also led to broader calls for scrutiny of conduct within the police service, including demands for the prosecution of senior officers linked to the incident.
A ruling on the High Court petition is expected in the coming days.
