Court gavel./FILEThe Independent Policing Oversight Authority (Ipoa) is now seeking to have Police Constable James Mukhwana detained for 21 days at Capitol Hill Police Station.
This is in connection to the murder case of blogger and teacher Albert Ojwang who died under police custody.
Appearing before the Milimani Law Court on Friday, Ipoa argued the respondent may interfere with ongoing investigations by influencing fellow officers.
They cite a recent incident on June 8 where crucial evidence, including CCTV footage, which they say had already been interfered with.
“There is a real risk of interference. The CCTV system was already tampered with," Ipoa's officer Abdirahman Jibril said.
They also argue that not all suspects in the murder planning have been identified or arrested. IPOA also raised concerns about the “blue code of silence” in the police service, warning that Mukhwana’s release may obstruct justice.
But the defense counsel, led by Danstan Omari, denied the concerns IPOA raised, stating that they have not provided any compelling reasons to warrant his detainment.
Omari urges the court to grant bail or reasonable bond terms with strict conditions, such as barring him from the Central Police Station insisting that the state’s fears are speculative and unsupported.
"If the respondent interferes, bond terms will be cancelled and the state will come to court to show he failed to comply with the court order," Omari stated.
Omari further argued that Ipoa does not have the jurisdiction to prosecute under the Victims Act, stating that the mandate lies with the Director of Public Prosecutions (DPP).
“They(Ipoa) are investigators and usually act through the DPP,” he said.
The DPP indicated that they would address the issue concerning Ipoa.
Magistrate Robinson Ondieki directed that the matter be mentioned again on June 20 to allow time for submissions and to deliver a ruling on the application.
