The Independent Policing Oversight Authority (IPOA) has petitioned the Milimani Law Court to detain Police Constable James Mukhwana for 21 days, citing fears he may interfere with investigations into the death of blogger and teacher Albert Ojwang’.
Ojwang’ died while in police custody under suspicious circumstances, prompting IPOA to launch a probe into possible police misconduct. On Friday, IPOA legal officer Abdirahman Noor Ibrahim told the court that there is a “real risk of interference” should Mukhwana be released.
According to Ibrahim, crucial evidence, including CCTV footage from the Central Police Station, has already been tampered with. “The CCTV system was already interfered with,” he noted, pointing to an incident on June 8 as part of their growing concerns. IPOA also warned that the accused could influence other officers involved in the matter, potentially compromising the integrity of the ongoing investigation.
The authority further argued that not all suspects connected to the alleged murder have been identified or arrested. They cited the entrenched “blue code of silence” culture within the police service, which they say could obstruct justice if Mukhwana is set free prematurely.
However, the defense team, led by prominent lawyer Danstan Omari, pushed back against IPOA’s application, insisting that the concerns raised are speculative. Omari dismissed the claims as unsubstantiated and urged the court to release Mukhwana on bail or reasonable bond terms with strict conditions.
He proposed that Mukhwana be barred from accessing Central Police Station or interacting with any witnesses related to the case. “If the respondent interferes, bond terms will be cancelled and the state will come to court to show he failed to comply,” Omari assured the court.
The court is now tasked with determining whether Mukhwana should remain in custody for 21 days to allow IPOA to complete its investigations or be granted bail under strict supervision. The case continues to draw public attention as it raises broader questions about accountability and police conduct in Kenya.
