Nairobi Police Officers Seek to Block Prosecution in Albert Ojwang Custody Death
NAIROBI — Two senior police officers are attempting to halt their prosecution in the controversial death of influencer Albert Ojwang, who died while in police custody at Central Police Station.
Officer Commanding Station (OCS) Samson Talaam and Constable James Mukhwana filed a petition challenging the legality of their arrest. They claim the Directorate of Public Prosecutions (DPP) initiated criminal charges without first conducting a formal inquest, as required under Kenya’s Criminal Procedure Code.
“An inquest is mandatory where a death occurs in custody. Skipping this step goes against established legal process and undermines justice,” Talaam stated in the filing, citing Sections 385 through 388 of the Criminal Procedure Code.
The officers argue their arrests were rushed and procedurally flawed. Talaam says he was not on duty when Ojwang was detained. According to his court affidavit, he had delegated operational control of the station to his deputy that night. He also says his arrest violated protocol, claiming he was booked by a civilian officer from the Independent Policing Oversight Authority (IPOA), instead of a serving police officer as required by law.
Constable Mukhwana, who was assigned as the cell sentry on the night Ojwang was held, is currently in custody at Capitol Hill Police Station. IPOA has requested a 21-day detention to allow for further investigations, citing fears of interference with potential witnesses.
Mukhwana’s legal team opposed the extended detention request, stating that he had cooperated fully with investigators and posed no flight risk.
Both officers were scheduled to be arraigned Monday in connection with Ojwang’s death.
Ojwang, a known online personality, died while in custody earlier this year. His death triggered national outcry and renewed scrutiny of police conduct. Civil rights groups and members of the public have since called for transparency and accountability in the investigation.
A statement from IPOA confirmed that a preliminary probe had established grounds for criminal charges, prompting the DPP to proceed. However, the petition filed by Talaam and Mukhwana may now delay the next phase of legal proceedings, pending a court decision on whether the arrests met constitutional thresholds.
The case remains under public watch as pressure mounts on authorities to ensure due process is followed and justice is served—both for the officers accused and for Ojwang’s family.
The court is expected to rule in the coming days on whether the prosecution can proceed or if an inquest must take place first.
