Albert Ojwang: Court Rejects OCS Talaam's Request to Stop Prosecution over Blogger’s Murder

• The High Court has declined to stop a murder prosecution involving a senior police officer linked to Albert Ojwang’s death
• Justice Lawrence Mugambi ruled that the case should proceed in Kibera, where related proceedings are already underway
• The officers had asked the court to block their trial and instead launch a formal inquiry into the incident
• Despite strong opposition from the defence, the judge sided with the state and ordered the suspects to remain in custody

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

The High Court has rejected a request by Central Police Station OCS Samson Talaam to halt his murder prosecution in connection with the death of blogger Albert Ojwang.

Instead, Judge Lawrence Mugambi allowed the case to be transferred to the High Court in Kibera, where a murder trial involving Talaam and Police Constable James Mukhwana is underway.

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The decision comes amid a battle between the officers and the state, with Talaam and Mukhwana pushing for an inquest into Ojwang’s death.

What did Talaam, Mukhwana want from court?

Their petition, filed at the Milimani High Court, had called for a halt to the criminal proceedings, with the officers asking that a formal inquiry into the case be initiated instead.

Justice Mugambi's ruling emphasised the importance of maintaining clarity and avoiding jurisdictional conflicts.

He noted that the petition filed by the officers directly challenged proceedings already underway in the Kibera High Court, where they are facing charges for the murder of the blogger.

He warned it could result in contradictory decisions if the matter is pursued in two different courts simultaneously.

"The petitioners are already charged before the High Court in Kibera. Any orders issued by this court may run cross-purpose with the proceedings before the Kibera court. I thus direct that this file be transferred to the High Court in Kibera for further directions," Justice Mugambi explained.

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Why did Talaam oppose transferring case?

The ruling followed a submission by the Director of Public Prosecutions (DPP) and the Independent Policing Oversight Authority (IPOA), who sought to transfer the matter and dismiss the officers' request for conservatory orders to stop their prosecution.

State Counsel Jalson Makori, representing the DPP, argued that the petition filed in Milimani effectively challenged a decision made by a judge with equal jurisdiction.

Makori pointed out that the petition originated from an earlier application at the Chief Magistrate’s Court in Milimani, which had sought to detain the two officers for three weeks as part of ongoing investigations.

However, the situation had changed, as the officers were now formally charged and held under orders from the Kibera High Court.

However, the move to transfer the case to Kibera was fiercely opposed by Talaam’s defence lawyer, Danstan Omari.

Omari contended that the Milimani High Court maintained jurisdiction over the matter, as the petition had originally been filed there before the murder charge.

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Despite the defence’s objections, Justice Mugambi’s decision to transfer the case to Kibera stood, and Talaam and Mukhwana will remain in custody.

How long will Talaam remain in custody?

On June 24, Kibera Law Court Judge Diana Kavedza ordered that Talaam and four others, including Mukhwana, be remanded for 42 days at Nairobi Industrial Area Prison.

The court directed that they undergo mental assessments at Mathare Hospital and a probation report before taking plea.

Mukhwana allegedly confessed to his role in blogger Ojwang’s death, claiming he acted on orders from Talaam and Deputy Inspector General Eliud Lagat. Talaam denied involvement.

Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.

Source: TUKO.co.ke