NAIROBI, Kenya, Jun 16 – Central Police Station Officer Commanding Station Samson Talaam and Police Constable James Mukhwana are seeking to halt their prosecution over the murder of influencer Albert Ojwang while in custody
In the petition, the two describe their arrest as premature and procedurally flawed and assert that an inquest should have been conducted before any criminal proceedings were instituted.
They contend that under Sections 385 to 388 of the Criminal Procedure Code, deaths occurring in police custody warrant an inquest to ascertain the cause before initiating arrests.
They stated that bypassing the process undermines due legal procedure and could impede the pursuit of justice.
Talaam further pointed out that he was off duty when Ojwang was detained, having delegated responsibilities to his deputy.
He also claimed that his arrest was conducted improperly, stating he was booked by a civilian IPOA officer at Lang’ata Police Station, contrary to legal requirements that only serving police officers perform such duties.
Mukhwana, who was the cell sentry on the night of Ojwang’s detention, is currently being held at Capitol Hill Police Station.
IPOA has requested a 21-day detention to facilitate comprehensive investigations, citing concerns over potential witness interference.
Mukhwana’s legal team opposed this, highlighting his voluntary cooperation with the authorities.
Both officers were to be arraigned on Monday over Ojwang’s murder
The case has drawn significant public attention, with widespread calls for accountability and transparency in the investigation.
