The Officer Commanding Station (OCS) of Nairobi’s Central Police Station, Samson Talaam, has moved to the High Court to stop his prosecution over the death of teacher and blogger Albert Ojwang, who died while in police custody.
In a directive issued Tuesday, the court ordered Talaam to serve court documents related to his petition, including a Notice of Motion dated June 15, 2025, on all respondents within three days. He must also file an affidavit confirming service. Respondents will have three days to reply, after which Talaam may file a rejoinder within a similar timeframe. The matter is scheduled for further directions on June 30, 2025.
Talaam, alongside Police Constable James Mukhwana, is seeking to suspend their prosecution pending the outcome of a public inquest into Ojwang’s death. The officers argue that the Independent Policing Oversight Authority (IPOA) commenced criminal proceedings against them prematurely and in violation of Sections 385–388 of the Criminal Procedure Code, which require an inquest in cases involving deaths in police custody.
Through their lawyer, Danstan Omari, the officers contend that the failure to conduct an inquest denies them due process and a fair investigation. Talam also claims he was not on duty at the time of Ojwang’s detention, having delegated authority to his deputy.
Additionally, Talaam is challenging the legality of his arrest, asserting that it was carried out by a civilian IPOA officer and not a serving police officer as required by law.
Meanwhile, Constable Mukhwana, believed to have been the cell sentry on the night of Ojwang’s death, remains in custody at Capitol Hill Police Station. IPOA has applied to detain him for 21 more days, citing concerns about witness interference. His defense team has opposed the application, arguing that Mukhwana has cooperated fully and poses no flight risk.
Written By Rodney Mbua
