Central Police Station OCS Samson Taalam and Police Constable James Mukhwana have petitioned the High Court of Kenya to pause their prosecution following the murder of blogger and teacher Albert Ojwang while in police custody.

The two through their lawyer Danstan Omari, argue that their apprehension by the Independent Police Oversight Authority (IPOA) was procedurally faulty and prematurely executed. They further stated that legally, an inquest should precede any criminal proceedings.

In their petition, they argue that under Sections 385 and 388 of the Criminal Procedure Code, deaths occurring in police custody warrant an inquest to ascertain the cause before initiating arrests. A bypass of this procedure, they claim, undermines due legal procedure and the pursuit of justice.

OCS Taalam alleges that his arrest was conducted improperly, stating that he was booked by a civilian IPOA officer at Langa’ta Police Station, contrary to the legal stipulation that, only serving police officers carry out such duties.

He further maintains that he was not on duty when Ojwang was detained, and he had delegated responsibilities to his deputy.

IPOA has requested a 21-day detention of the two officers to facilitate comprehensive investigations, citing concerns over possible witness interference in relation to the murder case.

Constable Mukhwana’s legal team has however opposed this, highlighting voluntary cooperation with the relevant authorities.

 Mukhwana is currently being held at the Capitol Hill Police Station.

Albert Ojwang’s murder has caused widespread uproar, with protests already experienced in Nairobi within the past week, with calls for all the responsible parties to be held responsible and justice be served.