
The prosecution has initiated a court request for the immediate extraction of DNA samples from police constable James Mukhwana, one of the respondents in the ongoing murder case of Albert Ojwang.
State Counsel Gichuhi on Tuesday, July 29, informed the court that the government was ready to collect the samples the same day.
She further urged the court to direct the Capitol Hill Police Station to facilitate the transfer of the respondent to the Government Chemist for forensic sampling.
The urgency, she noted, stemmed from the need to expedite key forensic findings that could influence the direction of the murder inquiry.
Mukhwana, through his lawyer Mwale, did not oppose the application but requested safeguards to prevent what he termed as “ambush procedures.”
Mwale asked the court to ensure that the respondent’s advocates and an independent expert of their choosing be present during the sampling exercise.
“We are not opposing the application, but we pray that when the exercise is undertaken, it is done with proper communication to the defence and with no ambush procedures,” the lawyer told the court.
Following submissions from both sides, the court recorded a consent order allowing the DNA extraction to proceed.
Officer Mukhwana is to be escorted to the Government Chemist under police supervision, with his legal team present.
In a further concession, Justice Diana Kavedza also granted the defence the liberty to collect a parallel sample for independent analysis, should they deem it necessary.
The officer is among those facing charges in connection with the murder of Albert Omondi Ojwang, a 31-year-old teacher and blogger who died while in police custody at Central Police Station, Nairobi, in June 2025.
James Mukhwana, who served as a cell sentry on the night of the incident, is charged alongside former Officer Commanding Station (OCS) Samson Talaam.
Both have pleaded not guilty to the charges.
The matter will return to court upon the completion of the DNA analysis.