Nairobi Central Police Station Officer Commanding Station (OCS) Samson Talam now wants the court to stop his prosecution in connection with the death of blogger Albert Ojwang in police custody.
Through his legal representative, lawyer Danstan Omari, Talam argues that his arrest by the Independent Policing Oversight Authority (IPOA) was premature and procedurally flawed, asserting that an inquest should precede any criminal proceedings.
OCS Samson Talam argues that under Sections 385 to 388 of the Criminal Procedure Code, any death occurring in police custody requires an inquest to determine the cause before any arrests can be made.
OCS Samson Talam Seeks to Halt Prosecution Over Albert Ojwang’s Death
He asserts that bypassing this legal process undermines due process and may hinder the proper administration of justice.
At the same time, he maintains that he was not on duty when Ojwang was detained, having delegated responsibilities to his deputy.
Talam further alleges that his arrest was conducted improperly, stating that he was booked by a civilian IPOA officer at Lang’ata Police Station, contrary to legal requirements that only serving police officers should perform such duties.
Talam was arrested on Friday June 13, in Eldoret after IPOA named him as a person of interest in blogger Albert Ojwang’s murder probe.
He was considered a prime suspect after multiple witnesses and suspects reportedly implicated him during IPOA’s ongoing investigation.
IPOA Commissioner Boniface Samati confirmed that Albert Ojwang died inside Central Police Station cell but not at Mbagathi hospital as it been earlier alleged. While appearing before the Senate, Directorate of Criminal Investigations (DCI) boss Mohammed Amin said Samson Taalam should be treated as the prime suspect in the murder of Albert Ojwang.
Also Read: Nairobi Central Police Station OCS Samson Talam Arrested
DCI Boss Names the OCS as Prime Suspect
While giving his brief to Senate, Amin clarified that Taalam had declined to book Ojwang upon his arrival in Central Police contrary to initial reports.
“It has further been confirmed that before the booking, the report office personnel called the OCS, who declined to book the suspect. Talaam is the Officer Commanding Central Police Station,” he stated.
“Taalam is the OCS of Central Police Station, and by the totality of things, he should be treated as the prime suspect in this matter,” Amin noted.
Ojwang, 31, was declared dead on Sunday, two days after his arrest in the town of Homa Bay in western Kenya for allegedly criticizing the country’s deputy police chief, Eliud Lagat.
Also Read: Another Homa Bay Resident Dies in Police Custody
Police initially claimed that Ojwang fatally injured himself by banging his head against a cell wall, but an autopsy revealed injuries that pathologists said were “unlikely to be self-inflicted.”
The government’s own pathologist found signs of blunt force trauma, neck compression, and soft tissue injuries, suggesting an assault.
Independent pathologist Bernard Midia, who assisted with the post-mortem, also ruled out suicide.
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