NAIROBI -Two police officers linked to the death of teacher and blogger Albert Ojwang while in custody have gone to court to stop their prosecution, claiming the law was not followed.
Samson Taalam, Officer Commanding Station (OCS) at Central Police Station, and Constable James Mukhwana are challenging their arrest by the Independent Policing Oversight Authority (IPOA). Through their lawyer Danstan Omari, the officers argue that a formal inquest should have been carried out before any criminal charges were brought against them.
They say the law is clear: deaths that happen in police custody must be investigated through an inquest first. Only after such a process should arrests be considered. “Sections 385 to 388 of the Criminal Procedure Code were ignored,” said Omari in court documents seen by The Nation.
What the Law Says
An inquest helps determine how someone died and whether any crime was committed. The officers claim that skipping this step weakens the legal process and could block a fair outcome for all parties.
Not on Duty, Says OCS
Taalam maintains he wasn’t even on duty the night Ojwang was detained. He says responsibility had been passed on to his deputy and argues that his arrest was carried out incorrectly.
According to Taalam, he was booked by a civilian officer from IPOA at Lang’ata Police Station – a role, he says, only a fellow police officer is allowed to perform. “That arrest was not only irregular, it was unlawful,” said Omari.
Constable Mukhwana’s Role
Meanwhile, PC James Mukhwana, who was reportedly the cell guard the night Ojwang was held, remains in custody at Capitol Hill Police Station. IPOA has asked for 21 more days to hold him, arguing it needs time to complete investigations and guard against witness tampering.
But Mukhwana’s lawyers have opposed the request. They insist their client has cooperated with investigators and poses no threat to the case.
Wider Public Outcry
Ojwang’s death has sparked strong public anger. Many Kenyans online have called for justice and accused the police of covering up the truth. Politicians have also weighed in, with some demanding deeper investigations -not only into the incident but also into broader patterns of abuse within the force.
Deputy Inspector General Douglas Kanja has so far declined to comment on the matter, while IPOA has pledged a thorough and transparent inquiry.
As the case unfolds, questions remain not just about what happened that night, but also about how Kenya’s legal system handles deaths in custody -and whether justice will truly be served.
