The Officer Commanding Station (OCS) at Nairobi’s Central Police Station, Samson Talam, has gone to court to stop his prosecution in connection with the death of blogger and teacher Albert Ojwang, who died while in police custody.
In a ruling delivered Tuesday, the High Court ordered Talam to formally serve his application to all parties within three days. The application, filed on 15 June, seeks to suspend criminal proceedings against him and Police Constable James Mukhwana, pending the outcome of a public inquest into Ojwang’s death.
The respondents have also been given three days to reply. A rejoinder, if needed, must be filed shortly after. The case will return to court for further directions on 30 June.
Talam’s lawyer, Danstan Omari, argues that the Independent Policing Oversight Authority (IPOA) acted too quickly in pursuing criminal charges before an inquest could be held, as required by Sections 385 to 388 of Kenya’s Criminal Procedure Code.
“This is a serious breach of due process,” Omari said outside the courtroom. “You cannot jump to prosecution without a legal inquest. It undermines justice for everyone involved.”
The officers also claim their rights were violated during the arrest process. Talam says he was not on duty the night Ojwang died and had delegated responsibilities to his deputy. He also disputes the manner of his arrest, stating that a civilian IPOA officer apprehended him—something he says should only be done by a uniformed police officer.
Meanwhile, Constable Mukhwana, believed to have been the cell guard on the night Ojwang died, remains in custody at Capitol Hill Police Station. IPOA has applied to hold him for another 21 days, arguing that his release could compromise witness testimonies.
His defence team, however, is pushing back. “Our client has cooperated fully and is not a flight risk,” one of his lawyers told the court.
Ojwang’s death has sparked public anger and reignited debate around police accountability in Kenya. Activists have called for stronger oversight powers for IPOA and more transparency in cases of deaths in custody.
The IPOA has not commented publicly on the matter but is continuing with investigations. The agency has also summoned Deputy Inspector General of Police Noor Gabow Lagat as part of a wider inquiry into Ojwang’s death.
As the legal wrangling unfolds, the family of Albert Ojwang waits for answers.
“We just want justice,” a relative said in a brief phone interview. “Let the truth come out, whatever it may be.”
