The quest for justice in the mysterious death of blogger Albert Ojwang in police custody has taken a critical turn. Just as public pressure mounts for accountability, Central Police Station OCS Samson Talaam and Police Constable James Mukhwana have moved to petition the High Court, seeking to halt their prosecution in connection with Ojwang's alleged murder. This legal maneuver places a spotlight on procedural debates amidst overwhelming public demand for swift justice.
Represented by prominent lawyer Danstan Omari, the officers contend that their arrests by the Independent Policing Oversight Authority (IPOA) are premature and procedurally flawed. Their central argument hinges on a specific legal pathway: they assert that under Sections 385 to 388 of the Criminal Procedure Code, deaths occurring in police custody warrant a formal inquest to ascertain the cause before any criminal proceedings, including arrests, can be initiated. Bypassing this inquest process, they argue, undermines due legal procedure and could potentially impede the pursuit of true justice.
OCS Talaam, in particular, has put forth specific claims challenging the validity of his implication. He maintains that he was not on duty at the Central Police Station when Albert Ojwang was detained, having delegated his responsibilities to his deputy. Furthermore, Talaam alleges that his subsequent arrest was conducted improperly, claiming he was booked by a civilian IPOA officer at Lang’ata Police Station. This, he states, is contrary to legal requirements that stipulate only serving police officers are authorized to perform such booking duties.
Meanwhile, Police Constable James Mukhwana, who has been identified as the cell sentry on the critical night of Ojwang's detention, is currently held at Capitol Hill Police Station. IPOA has requested a 21-day detention period for Mukhwana to facilitate comprehensive investigations, citing significant concerns over potential witness interference. Mukhwana's legal team, however, opposes this prolonged detention, highlighting his purported voluntary cooperation with authorities since the investigation began.
The decision by OCS Talaam and PC Mukhwana to seek High Court intervention underscores the escalating legal battle surrounding Albert Ojwang's death. This case has already drawn immense public attention, fueled by the initial police cover-up allegations, the damning Mbagathi Hospital CCTV footage confirming Ojwang was dead upon arrival, and IPOA's revelations of a disturbing rise in custody deaths nationwide.
For many Kenyans, the move to halt prosecution, even on procedural grounds, is perceived as an attempt to evade accountability. The widespread calls for transparency and justice in this investigation are not just about Albert Ojwang; they are about addressing a systemic crisis of alleged police brutality and impunity that has seen too many lives lost mysteriously within police custody. The High Court's decision on this petition will undoubtedly set a significant precedent for how future cases of deaths in police custody are handled, balancing legal procedures with the urgent public demand for transparency and justice for victims. The nation watches keenly as this crucial legal battle unfolds.
