"I was not on duty," OCS Taalam denies involvement in Ojwang's death

Nairobi Central Police Station OCS Samson Talaam was suspended over the murder of Albert Ojwang in custody. [Courtesy]

Chief Inspector Samson Taalam, Officer Commanding Central Police Station, and his junior officer, Constable James Mukhwana, have petitioned the court seeking an inquest into the death of teacher and blogger Albert Ojwang’, who died while in police custody.

In an urgent application filed before the Milimani High Court’s Constitutional and Human Rights Division, the two officers, through their lawyer Danstan Omari, are also asking the court to stop their ongoing investigation, detention, and planned prosecution over Ojwang’s death.

They are instead calling for a formal inquest to establish the cause and circumstances surrounding the killing of blogger Ojwang’.

The two officers maintain that they had no involvement in Ojwang’s alleged killing, stating they were not on duty when he was booked into the Central Police Station on June 7, 2025.

“There is need for the institution of inquest proceedings at the lower court, as opposed to arraigning the petitioners via miscellaneous applications aimed at intimidating them and damaging their reputation in the eyes of the public,” the court documents read.

Chief Inspector Taalam claims he had officially handed over control of the station to his deputy on the day Ojwang’ was brought in and was not present.

Constable Mukhwana, who is said to be the cell sentry personnel, similarly states his shift had ended before the deceased arrived at the station.

"The detention of the two petitioners is premature, illegal, and a distraction from finding the real killers, as evidence shows that on the material day, Taalam, being the Officer Commanding Central Police Station, was not on duty when the deceased was booked at the station, as he had left the station to his deputy, while Mukhwana’s shift had ended by the time the deceased was being booked at the Central Police Station," the petition states.

In their petition, the duo argues that their arrest and intended prosecution are illegal, premature, and a diversion from uncovering the actual culprits behind Ojwang’s murder.

OCS Taalam further alleges that his arrest was a violation of police protocol, as he was booked at Lang’ata Police Station by a civilian, contrary to standard procedure that requires such action to be carried out by serving police officers.

The officers have invoked Sections 385 to 388 of the Criminal Procedure Code, which outline the legal framework for handling deaths occurring in police custody.

They argue that the law mandates the institution of inquest proceedings rather than arbitrary arrests.

“The continued detention and investigation of the petitioners is unlawful and distracts from the pursuit of justice for the deceased,” they argue.

“Proper legal procedures must be followed, not arbitrary processes aimed at tarnishing the names of police officers.”

The ongoing investigation, they claim, is procedurally flawed and driven by a desire to intimidate them and erode their standing in the eyes of the public.

They have asked the High Court to urgently intervene, arguing that continued legal action against them constitutes a "monumental injustice" and threatens to undermine the rule of law and constitutionalism.

"In the interim and pending the hearing and determination of this application and petition, the court be pleased to issue a conservatory order stopping the continued detention, investigation or any intended criminal proceedings against OCS Taalam and Constable," they seek.

The High Court is expected to issue directions on the matter.