OCS Talam moves to block prosecution in death of blogger Albert Ojwang

In a directive issued Tuesday, 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 permitted to file a rejoinder, if necessary, within three days thereafter.

The matter has been 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 argue 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 questions 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.

Constable 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 has applied to detain him for 21 days to facilitate ongoing investigations, citing concerns that his release would interfere with witnesses.

His defense team has objected to the application, claiming that Mukhwana has fully cooperated with investigators and poses no flight risk.