OCS Samson Talaam, PC James Mukhwana move to court, seek to halt prosecution over Albert Ojwang's death
OCS Talaam contends that he was not on duty when Ojwang was detained, having delegated responsibilities to his deputy.
Central Police Station OCS Samson Talaam and Police Constable James Mukhwana have moved to court seeking to stop their prosecution in connection with the murder of blogger Albert Ojwang' while in police custody.
In a petition filed under a certificate of urgency, the two, through lawyer Danstan Omari, argued that their arrest by the Independent Policing Oversight Authority (IPOA) was premature and procedurally flawed, asserting that an inquest should precede any criminal proceedings.
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"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", court documents read in part.
OCS Talaam contended that he was not on duty when Ojwang was detained, as he had delegated responsibilities to his deputy.
He further asserted that his subsequent 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 can perform such duties.
On the other hand, PC Mukhwana, who was identified as the cell sentry on the night of Ojwang's detention, is being held at the Capitol Hill Police Station.
IPOA has requested a 21-day detention to facilitate comprehensive investigations, citing concerns over potential witness interference.
PC Mukhwana's legal team is, however, opposed to it, highlighting the constable's voluntary cooperation with authorities.
The two officers noted that circumventing due process and established legal procedures may obstruct the effective administration of justice.
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