The High Court has granted Officer Commanding Station (OCS) Samson Taalam additional time to determine whether he will proceed with a petition seeking a judicial inquest into the death of blogger and teacher Albert Ojwang, who died in police custody on June 8, 2025.
Taalam, alongside Police Constable James Mukhwana, is currently facing murder charges in connection with Ojwang’s death.
Petition for Inquest
The two officers were arrested following an investigation by the Independent Policing Oversight Authority (IPOA), which concluded that the circumstances surrounding Ojwang’s death warranted criminal prosecution.
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However, the officers filed a petition at the Milimani High Court seeking to halt the murder trial and instead initiate a judicial inquest.
Their legal team, led by lawyer Danstan Omari, argued that an inquest, rather than a criminal trial, was the appropriate legal mechanism for determining the cause of death, especially in cases involving deaths in police custody.
They cited provisions under the Criminal Procedure Code that allow for inquests in such situations.
Justice Lawrence Mugambi, who presided over the petition, declined to stop the ongoing murder trial. He ruled that the matter was already active before the Kibera High Court, where the accused had taken a plea.
The legal team also raised concerns about the manner in which Taalam was arrested, claiming that the arrest was conducted by a civilian IPOA officer rather than a serving police officer, which they argue may have violated due process.
Taalam’s lawyer informed the court that most of the issues raised in the original petition had been overtaken by events. He requested time to consult with his client on whether to withdraw the petition entirely.
Court Grants Taalam More Time
The court granted the request and scheduled the matter for mention on July 4, 2025, with the case drawing national attention and being closely watched as a test of police accountability in Kenya.
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Human rights organizations have called for transparency and accountability in the handling of deaths in custody, warning that allowing inquests to replace criminal trials could set a dangerous precedent.
Mukhwana remains in custody alongside OCS Taalam as the Kibera High Court prepares to hear their murder trial.
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