Court orders state to respond within three days to OCS Talaam, PC Mukhwana's bid to stop prosecution in Ojwang murder case
The two police officers detained over the death of teacher and blogger Albert Ojwang had moved to court, calling their continued detention unlawful.
A High Judge has directed that a petition filed by Officer Commanding Central Police Station (OCS) Samson Talaam and his colleague James Mukhwana seeking to stop their prosecution be served upon the state within three days.
On Thursday, Justice Lawrence Mugambi issued directions by stating that the application must be served with the affidavits physically to the respondents.
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The judge also ordered that the respondents file and serve their responses within three days of being served.
"If need be, applicant/petitioner may file and serve a rejoinder within 3 days from the date of receipt of responses," Justice Mugambi ruled.
The court will give further directions on June 30.
The two police officers detained over the death of teacher and blogger Albert Ojwang had moved to court, calling their continued detention unlawful.
Nairobi Central Police Station OCS, Samson Talaam during an appearance in court on June 16, 2025. (Photo: Carolyne Kubwa)
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.
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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