Nairobi Central Officer Commanding Station (OCS) Samson Kiprotich Talaam and Police Constable James Mukhwana have filed a petition at the High Court’s Constitutional and Human Rights Division, seeking orders to block their detention and prosecution. The two officers are under investigation in connection with the murder of Albert Omondi Ojwang’.
Their move follows their arraignment at the Milimani Law Courts, where the Independent Policing and Oversight Authority (IPOA) sought to detain them for 21 days to facilitate ongoing investigations. IPOA maintains that further detention is necessary to complete inquiries into the custodial death that has drawn national attention.
Constable Mukhwana was earlier detained by Principal Magistrate Robinson Ondiek on Friday, June 13, 2025, with the court expected to rule on IPOA’s application and his defense team’s plea for bail on Friday, June 20, 2025. Meanwhile, on Monday, June 16, Senior Principal Magistrate Benmark Enkhubi ordered OCS Talaam to be held for two days, with a determination on his bail application and IPOA’s detention request slated for Wednesday, June 18, 2025.
In their High Court petition, the officers are requesting conservatory orders restraining the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), IPOA, and the Attorney General from detaining or prosecuting them until their case is fully heard and determined.
The petition specifically seeks to halt ongoing proceedings in miscellaneous criminal application No. E2204 of 2025, involving IPOA’s case against Constable Mukhwana. The officers argue that their continued detention is unconstitutional and prejudicial.
Talaam contends that his arrest process was flawed, claiming that he was booked at Lang’ata Police Station by a civilian rather than a police officer, in contravention of established legal procedures. He describes the arrest as an “unprecedented abuse of process” and calls on the High Court to protect his constitutional rights.
Represented by lawyer Danstan Omari, Talaam also asserts that IPOA’s use of miscellaneous criminal applications to arraign them is aimed at intimidation and degrading their dignity before investigations are concluded. The lawyer advocates for the institution of inquest proceedings at the lower court instead, arguing that this would better serve justice and uphold due process.
The petition emphasizes the need for judicial intervention to prevent what is described as a “monumental injustice” and to preserve constitutional principles. The officers maintain that their rights are being undermined and that the court must act to stop the erosion of legal safeguards.
