Central Police Station OCS Samson Talaam and Police Constable James Mukhwana petitioned the High Court to halt their prosecution in connection with the murder of teacher and blogger Albert Ojwang while in police custody.
Through lawyer Danstan Omari, the officers argue that their arrests by the Independent Policing Oversight Authority (IPOA) are premature and procedurally flawed, asserting that an inquest should precede any criminal proceedings.
They argued that under Sections 385 to 388 of the Criminal Procedure Code, deaths occurring in police custody warrant an inquest to ascertain the cause before initiating arrests.
They claimed that bypassing this process undermines due legal procedure and could impede the pursuit of justice.
Talaam maintained that he was not on duty when Ojwang was detained, having delegated responsibilities to his deputy.
He further alleged that his subsequent arrest was conducted improperly, stating he was booked by a civilian IPOA officer at Lang’ata Police Station, contrary to legal requirements that only serving police officers perform such duties.
Mukhwana, identified as the cell sentry on the night of Ojwang’s detention, is currently held at Capitol Hill Police Station.
IPOA has requested a 21-day detention to facilitate comprehensive investigations, citing concerns over potential witness interference.
IPOA Seeks 21-Day Detention For OCS Taalam Over Murder Of Albert Ojwang
