The High Court ordered, the Officer Commanding Station (OCS) of Nairobi’s Central Police Station Samson Talam to serve court documents in a petition seeking to stop his prosecution for the death of teacher and blogger Albert Ojwang while in police custody.
The court directed Talam to serve his Notice of Motion, dated June 15, 2025, on the respondents within three days.
He is also required to file an affidavit of service confirming compliance.
Respondents will then have three days to respond to the application, with the applicant permitted to file a rejoinder, if necessary, within three days thereafter.
The matter was scheduled for further directions on June 30, 2025.
Talaam, along with Police Constable James Mukhwana, has asked the court to suspend their prosecution pending the outcome of a public inquest into Ojwang’s death.
The two claim that the Independent Policing Oversight Authority (IPOA) initiated criminal proceedings against them prematurely and without following the legal procedure for deaths in police custody.
The officers, represented by lawyer Danstan Omari, cite Sections 385–388 of the Criminal Procedure Code, which require an inquest before prosecution in such cases.
They argued that bypassing this requirement violates due process and denies them the right to a fair investigation.
OCS Talam also claims that he was not on duty at the time of Ojwang’s detention, having delegated responsibility to his deputy.