A collage of the Central police station, OCS Samson Talam and Constable James Mukhwana in court./EZEKIEL AMING'A
The High Court has directed that a petition filed by Officer Commanding Central Police Station (OCS) Samson Talaam and his colleague James Mukhwana be served upon the respondents within three days.
Justice Lawrence Mugambi, while issuing interim directions, said the Notice of Motion Application dated June 15, 2025, filed under a certificate of urgency, must be physically served alongside the supporting affidavit sworn by Talaam and the accompanying annexures.
The judge further ordered that the respondents file and serve their responses within three days of being served.
“If need be, applicant/petitioner may file and serve a rejoinder within 3 days from the date of receipt of responses,” Justice Mugambi ruled.
The court scheduled the matter for further directions on June 30.
The two police officers detained over the death of teacher and blogger Albert Ojwang had moved to court, calling their continued detention unlawful.
They filed the petition under a certificate of urgency, challenging the legality of their arrest and detention.
Through their lawyer, Danstan Omari, the officers argued their detention is both premature and illegal.
They insisted they were not on duty when Ojwang was booked at Central Police Station in Nairobi on the night of June 7, 2025.
“The detention of the two petitioners is premature, illegal, and a distraction from finding the real killers,” the petition read.
It added 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.
