Two police officers linked to the death of teacher and blogger Albert Ojwang while in police custody have petitioned the High Court to stop their prosecution, citing procedural irregularities
Central Police Station Officer Commanding Station (OCS) Samson Taalam and Police Constable James Mukhwana, through their lawyer Danstan Omari, argue that their arrests by the Independent Policing Oversight Authority (IPOA) were premature and violated due process. They contend that, under Sections 385 to 388 of the Criminal Procedure Code, an inquest is required to establish the cause of death before any criminal charges are brought in cases involving deaths in police custody.
“The failure to conduct an inquest prior to our arrests undermines legal safeguards and compromises the pursuit of justice,” the petitioners argue in court filings.
OCS Taalam insists he was not on duty during Ojwang’s detention, stating that he had delegated responsibilities to his deputy. He also challenges the legality of his arrest, claiming he was booked by a civilian IPOA officer at Lang’ata Police Station, contrary to legal procedures which require arrests to be conducted by serving police officers.
Meanwhile, Constable Mukhwana, who served as the cell sentry on the night of the incident, is currently detained at Capitol Hill Police Station. IPOA is seeking to hold him for an additional 21 days to allow for thorough investigations, citing fears of potential witness interference. However, his legal team argues against extended detention, pointing out his full cooperation with the authorities.
The case has stirred national outrage, with growing demands for transparency and accountability in police operations. Civil society groups and the public are closely watching the legal proceedings, which are likely to set a precedent for handling deaths in custody.
Written By Rodney Mbua
