The Independent Policing Oversight Authority (IPOA) has strongly opposed a legal petition filed by two senior police officers seeking to halt their prosecution over the death of blogger Albert Ojwang, who died while in police custody. IPOA has labeled the move as a calculated effort to obstruct justice and evade accountability.
Officer Commanding Station (OCS) Samson Taalam and Police Constable James Mukhwana, who are charged with Ojwang’s murder in Kibera High Court Criminal Case No. HCCR E010 of 2025, had petitioned the court to stop the trial. The case, which has drawn national attention, reignited public outcry over police brutality and custodial deaths in Kenya.
In a sworn affidavit filed in court, IPOA, named as the sixth respondent in the case, dismissed the officers’ petition as a clear abuse of the judicial process. The authority defended its investigation into Ojwang’s death, stating it was comprehensive, impartial, and yielded sufficient evidence to warrant prosecution.
“The petitioner is simply trying to bypass the justice system. This court should not allow public officers to use legal loopholes to avoid facing the law,” IPOA asserted.
Ojwang, a vocal blogger, reportedly died under suspicious circumstances while being held at Central Police Station. His death sparked widespread condemnation and renewed calls for reform and accountability within the police service.
IPOA further warned the court that granting the officers’ plea would set a dangerous precedent — one that could embolden impunity by shielding public officials from prosecution in cases of torture, abuse, and extrajudicial killings.
“This application, if allowed, would weaken the fight against police impunity and erode public confidence in the justice system,” IPOA stated.
The authority is now urging the court to dismiss the petition entirely and allow the trial to proceed uninterrupted, emphasizing that justice must take its course.
The court’s decision on whether the murder trial will continue could significantly influence future cases involving police accountability and the enforcement of human rights in Kenya.
