Two police officers linked to the death of teacher and blogger Albert Ojwang have filed a petition at the High Court seeking to stop their prosecution. Central Police Station OCS Samson Taalam and Constable James Mukhwana are challenging the legal process initiated by the Independent Policing Oversight Authority (IPOA), arguing that it violates proper procedure.
Their lawyer, Danstan Omari, says the arrests are premature. According to the officers, the law requires that an inquest must first be conducted before any criminal charges are brought forward in cases involving deaths in police custody. They cite Sections 385 to 388 of the Criminal Procedure Code, which mandate such an inquiry to establish the cause of death.
OCS Taalam claims he was not on duty when Ojwang was taken into custody. He had reportedly handed over responsibilities to his deputy. Taalam also argues that his arrest was irregular, as he was booked at Lang’ata Police Station by a civilian IPOA officer. He insists that only active-duty police officers are authorized to carry out such bookings.
Constable Mukhwana, who was reportedly on duty as the cell sentry when Ojwang was detained, is currently in custody at Capitol Hill Police Station. IPOA has requested the court to allow a 21-day detention period for Mukhwana to enable them to carry out a full investigation. The oversight body expressed concern that the officer might interfere with witnesses if released.
However, Mukhwana’s legal team opposes the extended detention, emphasizing that he has been cooperating with investigators voluntarily and poses no flight risk.
The case has sparked public outcry and renewed calls for justice and accountability within the police service. Many Kenyans are closely following the developments, demanding transparency in the investigation into Ojwang’s death while in custody.
By Lucky Anyanje