Court directs State to respond to OCS Talam, Mukhwana petition to stop prosecution
Central Police Station OCS Samson Talam.
The High Court ordered the Officer Commanding Station (OCS) of Nairobi’s Central Police Station Samson Talam to serve court documents in a petition seeking to stop his prosecution for the death of teacher and blogger Albert Ojwang while in police custody.
The court directed Talam to serve his Notice of Motion, dated June 15, 2025, on the respondents within three days.
He is also required to file an affidavit of service confirming compliance. Respondents will then have three days to respond to the application, with the applicant being allowed to file a rejoinder, if necessary, within three days after that.
The matter was scheduled for further directions on June 30, 2025. Talam, along with Police Constable James Mukhwana, has asked the court to suspend their prosecution pending the outcome of a public inquest into Ojwang’s death.
The two claim that the Independent Policing Oversight Authority (IPOA) initiated criminal proceedings against them prematurely and without following the legal procedure for deaths in police custody.
The officers, represented by lawyer Danstan Omari, cite Sections 385–388 of the Criminal Procedure Code, which require an inquest before prosecution in such cases.
They argued that bypassing this requirement violates due process and denies them the right to a fair investigation.
OCS Talam also claims that he was not on duty at the time of Ojwang’s detention, having delegated responsibility to his deputy.
He also questioned the legality of his arrest, claiming that he was apprehended and booked at Lang’ata Police Station by a civilian IPOA officer, which he believes violates legal procedures that require arrests to be conducted by serving police officers.
Mukhwana, who is believed to have been the cell sentry on the night Ojwang died, is still in custody at Capitol Hill Police Station.
The IPOA applied to detain him for 21 days to facilitate ongoing investigations, citing concerns that his release would interfere with witnesses.
His defense team objected to the application, claiming that Mukhwana has fully cooperated with investigators and poses no flight risk.
Meanwhile, a lawyer representing two police officers accused of assault and attempted shooting in Nairobi has officially withdrawn from the case, citing a wave of threats allegedly linked to the online youth movement commonly referred to as “Gen Z.”
Felix Keaton, who was defending officers Masinde Barasa and Duncan Kiprono, confirmed on Wednesday that he had stepped down from the high-profile case, citing serious concerns for his personal and family’s safety.
Barasa and Kiprono were caught on video allegedly assaulting Boniface Kariuki, a Nairobi street vendor, in an incident that has triggered widespread outrage across the country.
The footage, which quickly went viral, has reignited calls for police accountability and reform, particularly among digitally mobilized Kenyan youth.
Keaton said he had received more than 1,000 threatening calls and messages warning him to abandon the case.
“In the interest of my personal safety and that of my family, I have taken the painful but necessary decision to cease all legal representation in this matter,” he stated.
He further revealed that the threats had extended beyond himself, with family members also receiving disturbing messages.
The two officers are scheduled to appear in court later today.
Their case has become emblematic of the escalating tensions between law enforcement and a growing online youth movement demanding justice, transparency, and an end to police brutality.