The prosecution has told the High Court that it will prove that former Central Police Station Officer Commanding Station (OCS) Samson Talaam and five co-accused were responsible for the fatal assault of Albert Omondi Ojwang while he was in police custody before allegedly orchestrating a cover-up.
Opening its case before the High Court, the Office of the Director of Public Prosecutions (ODPP) said Ojwang was delivered to Central Police Station alive following his arrest but was pronounced dead the following morning.
"The evidence will demonstrate that the deceased entered the police station alive and that his death resulted from an unlawful assault while in custody," the prosecution submitted.
The State said it would present testimony from Ojwang's relatives to show he was in good health before his arrest. It also intends to call the police officers involved in his arrest and transfer to Central Police Station, as well as the pathologist who conducted the post-mortem examination.
According to the prosecution, the medical findings will contradict the initial account that Ojwang died after allegedly hitting his head against a wall while detained.
"The post-mortem evidence will establish that the injuries sustained by the deceased are inconsistent with the explanation initially given by the police," the prosecution told the court.
The ODPP further said it would rely on forensic experts and CCTV specialists to reconstruct Ojwang's movements inside the police station and demonstrate alleged tampering with surveillance footage after his death.
The prosecution argued that the evidence would show the accused persons acted in concert to inflict fatal injuries on Ojwang before taking deliberate steps to conceal the circumstances surrounding his death.
"This was not an accident. The evidence will show a deliberate assault followed by efforts to conceal what had occurred," the prosecution stated.
The State urged the court to consider the entirety of the evidence, maintaining that police officers have a legal duty to protect individuals in their custody and should be held accountable where that duty is violated.
Former Central Police Station OCS Samson Talaam and the five other accused persons have denied the murder charge. The trial continues before the High Court, with the prosecution expected to call its first witnesses in support of the case.
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