Nairobi, Kenya — The Milimani High Court has this morning transferred the petition filed by Officer Commanding Station (OCS) Samson Talaam, seeking to stop his prosecution, to the Kibera High Court, where he is already facing murder charges over the death of blogger Albert Ojwang.
In a brief ruling, Justice Lawrence Mugambi allowed the application by the Director of Public Prosecutions (DPP) to transfer the case, citing the need to avoid legal contradictions between the courts.
State Counsel Jalson Makori had urged the Milimani Court to hand over the case to Kibera High Court, noting that although Talaam’s petition was initially filed under a miscellaneous application while police were seeking his detention, the matter has since progressed, with formal murder charges already filed and a plea taken at the Kibera High Court.
Justice Mugambi agreed with the prosecution, observing that any orders issued under the miscellaneous file were now spent, as Talaam’s detention and prosecution were now under the jurisdiction of the Kibera High Court, which holds concurrent authority with Milimani.
“Proceeding with this petition in its current form will make this court appear to be operating at cross-purposes with the High Court in Kibera,” Justice Mugambi stated.
He ruled that objections concerning Talaam’s prosecution or detention should be raised before Justice Diana Kavedza, who is already handling the murder trial at the Kibera High Court.
“Let’s agree that the appropriate forum for trial of this petition is by the judge in Kibera who is already seized with the matter. I thus direct that the file shall be transferred to Kibera High Court for further directions,” Justice Mugambi concluded.
Talaam is among several officers charged in connection with the alleged torture and murder of blogger Albert Ojwang while in police custody — a case that has sparked public outrage and heightened calls for police accountability.
By Were Kelly
