OCS Talaam and Constable Mukhwana move to High Court to block their detention and prosecution
Nairobi Officer Commanding Station (OCS) Samson Kiprotich Talaam and Police Constable (PC) James Mukhwana have moved to the High Court, at the Constitutional and Human Rights Division, seeking to stop their detention and prosecution.
This follows their arraignment on Monday, June 16, 2025, at the Milimani Law Courts on a miscellaneous application by the Independent Policing and Oversight Authority (IPOA), where they sought to detain both for 21 days to enable them to complete their investigations.
Talaam and Mukhwana are persons of interest in the murder of Albert Omondi Ojwang.
On Friday, June 13, 2025, Milimani Principal Magistrate Robinson Ondiek detained Constable Mukhwana until Friday, June 20, 2025, when he will rule on IPOA’s application and his lawyer’s application seeking to have him released on cash bail.
Senior Principal Magistrate Benmark Enkhubi has, on Monday, June 16, 2025, detained OCS Talaam for two days and will deliver his ruling on IPOA, the state’s request to detain him, and his lawyers’ request to free him on bail on Wednesday, June 18, 2025, at 2 PM.
Their High Court petition
In the High Court petition, the two are urging the court to issue an order restraining the Office of the Director of Public Prosecution (ODPP), Directorate of Criminal Investigation (DCI), Independent Policing and Oversight Authority (IPOA) and the Attorney General from detaining and prosecuting them, until the application is heard and determined.
“That in the interim and pending the hearing and determination of this application and petition this honourable court be and is hereby pleased to issue a conservatory order, stopping the continued detention and prosecution of James Mukhwana or any further proceedings in miscellaneous criminal Application No. E2204 of 2025 (Republic through IPOA V James Mukhwana),” part of the petition read.
Talaam also says that his arrest did not follow the procedure as per the Constitution, stating that he was booked at the Lang’ata police station by what he refers to as a civilian, contrary to the law, which states that any arrested person should be booked by a police officer.
“The 1st Petitioner (Samson Talaam) avers that his arrest is an unprecedented abuse of process, as he was booked at Lang’ata police station by a civilian as opposed to being booked at the station by a serving police officer as required by the law,” part of the petition read.
Through lawyer Danstan Omari, Talaam states that there is a need for the institution of inquest proceedings at the lower court as opposed to arraigning them vide miscellaneous applications to intimidate them and lower their dignity in the eyes of the public.
“That in the circumstance, I approach this honourable court to urgently intervene to arrest this monumental injustice and entrench the rule of law and constitutionalism from further erosion,” part of the petition read.
