The High Court has instructed Samson Talam, the Officer Commanding Station (OCS) at Nairobi’s Central Police Station, to deliver court documents regarding his petition aimed at halting his prosecution linked to the death of teacher and blogger Albert Ojwang while in police custody.
In a ruling issued on Tuesday, the court mandated Talam to serve his Notice of Motion, dated June 15, 2025, to the respondents within three days. He is also required to submit an affidavit of service to confirm compliance.
The respondents will then have three days to respond to the application, after which the applicant may file a rejoinder if necessary, also within three days. The case is set to receive further directions on June 30, 2025.
Talam and Police Constable James Mukhwana are seeking to suspend their prosecution until a public inquest into Ojwang’s death is concluded. They argue that the Independent Policing Oversight Authority (IPOA) initiated the criminal proceedings against them prematurely and without adhering to the legal procedures mandated for deaths occurring in police custody.
Represented by lawyer Danstan Omari, the officers reference Sections 385–388 of the Criminal Procedure Code, which stipulate that an inquest must precede any prosecution in such instances. They contend that neglecting this requirement undermines due process and infringes on their right to a thorough investigation.
OCS Talam further asserts that he was not on duty during Ojwang’s detention, having transferred responsibilities to his deputy. He challenges the legality of his arrest, arguing that he was detained at Lang’ata Police Station by a civilian IPOA officer, which he claims contravenes the legal protocol requiring that arrests be conducted by serving police officers.
Constable Mukhwana, who is believed to have been the cell guard on the night Ojwang died, remains in custody at Capitol Hill Police Station. The IPOA has requested to detain him for an additional 21 days to aid ongoing investigations, citing concerns that his release could compromise witness testimonies. However, his defense team has contested this application, asserting that Mukhwana has been fully cooperative with investigators and poses no flight risk.
