Ojwang Murder: Officers Taalam and Mukhwana Petition Court to Halt their Prosecution
Represented by lawyer Danstan Omari, the officers argue that their arrests by the Independent Policing Oversight Authority (IPOA) are premature and procedurally flawed, asserting that an inquest should precede any criminal proceedings.
They argue that under Sections 385 to 388 of the Criminal Procedure Code, deaths occurring in police custody warrant an inquest to ascertain the cause before initiating arrests.
They claim that bypassing this process undermines due legal procedure and could impede the pursuit of justice.
OCS Talaam maintains that he was not on duty when Ojwang was detained, having delegated responsibilities to his deputy.
He further alleges that his subsequent arrest was conducted improperly, stating he was booked by a civilian IPOA officer at Lang’ata Police Station, contrary to legal requirements that only serving police officers perform such duties.
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PC Mukhwana, identified as the cell sentry on the night of Ojwang's detention, is currently held at Capitol Hill Police Station.
IPOA has requested a 21-day detention to facilitate comprehensive investigations, citing concerns over potential witness interference. Mukhwana's legal team opposes this, highlighting his voluntary cooperation with authorities.
The case has drawn significant public attention, with widespread calls for accountability and transparency in the investigation.
