High Court transfers police officers Taalam and Mukhwana's petition on Ojwang murder case to Kibera court
Justice Lawrence Mugambi noted that the issues raised in the petition could be adequately addressed within the ongoing proceedings at the lower court.
The High Court has directed that a petition by police officers Samson Taalam and Constable James Mukhwana, seeking to stop their murder trial, be transferred to the Kibera Law Courts.
Justice Lawrence Mugambi noted that the issues raised in the petition could be adequately addressed within the ongoing proceedings at the lower court.
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The decision follows submissions indicating that the matter is already before the Kibera court, where the two officers have taken a plea in connection with the murder of blogger and teacher Albert Ojwang.
In the petition, Taalam, the Nairobi Central Police Station OCS, had asked the High Court to stop the murder trial and instead order an inquest into Ojwang's death.
Represented by lawyer Danstan Omari, Taalam argued that the High Court had jurisdiction and should hear the matter.
However, the judge disagreed, stating: "The orders in the miscellaneous file are spent, and the court has assumed jurisdiction. The argument is sound. Any objections to continued detention can be made before the Kibera court."
Justice Mugambi directed that the file be transferred to the Kibera Law Courts for further directions. Mugambi said it would be good to transfer the case to avoid conflicting court decisions.
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