Ojwang's death probe: OCS Talam and Officer Mukhwana petition court over detention

A collage of the Central police station, OCS Samson Talam and Constable James Mukhwana in court./EZEKIEL AMING'A

Two police officers detained over the death of teacher and blogger Albert Ojwang have moved to court, calling their continued detention unlawful.

Officer Commanding Station (OCS) Samson Talaam and his colleague James Mukhwana filed the petition on Monday under a certificate of urgency, challenging the legality of their arrest and detention.

Through their lawyer, Danstan Omari, the officers argue their detention is both premature and illegal.

They insist they were not on duty when Ojwang was booked at Central Police Station in Nairobi on the night of June 7, 2025.

Ojwang had been arrested in Homa Bay and later transferred to Central Police Station, where he died in custody.

“The detention of the two petitioners is premature, illegal, and a distraction from finding the real killers,” the petition reads.

It adds that Talaam, the OCS, had handed over the station to his deputy that day, and Mukhwana's shift had ended before Ojwang arrived.

Omari also raised concerns over how Talaam was taken into custody, saying he was booked at Lang’ata Police Station by a civilian instead of a police officer — a move he described as irregular and malicious.

“The fact that a civilian booked a senior police officer into custody is not just irregular, it is a dangerous precedent,” Omari argued.

The petitioners believe that the matter should be handled through inquest proceedings, as outlined in sections 385 to 388 of the Criminal Procedure Code, to determine how Ojwang died while in custody.

They claim the current legal route infringes on their dignity and due process, despite what they say are clean service records.

“We are urging this court to intervene and stop this injustice from escalating any further,” Omari pleaded.

The officers also expressed concern that continued detention could irreparably damage their reputations and affect their right to a fair trial.

They are now asking the High Court to declare their detention unlawful, stop the ongoing process, and direct that an inquest into Ojwang’s death be launched instead.