Central Police Station OCS Samson Talaam and PC James Mukhwana have moved to the high court challenging their arrests by IPOA arguing that an Inquest should be opened first before anyone is arrested in relation to Albert Ojwang’s murder.
In a certificate of urgency, the two officers through lawyer Danstan Omari argue that their detention is premature, illegal and a distraction from finding the real killers.
According court documents, evidence shows that on the material day, Talaam, being the Officer Commanding Central Police Station, was not on duty when the deceased was booked at the station as he had left the station to his deputy, while the Mukhwana’s shift had ended by the time the deceased was being booked at the Central Police station.
Petitioners note that under sections 385, 386, 387 and 388 of the Criminal Procedure Code, a death in Police Custody is supposed to cause inquest proceedings and not haphazard arrests as is the case now and this court has inherent power to interfere with such investigation or prosecution process as it clearly is procedurally flawed.
They argue that there is need to institute inquest proceedings at the lower court as opposed to arraigning them through miscellaneous applications to intimidate them and lower their dignity in the eyes of the public.
“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, investigation or any intended criminal proceedings against Talaam,” reads court papers.
Further, Talaam says 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 Officers as required by the Law
“At Lang’ata Police station, I was booked in by a civilian, the 3rd Respondent’s Deputy director of Investigations, As a Police Officer, I know this was unprocedural as the law says a person is only booked into a police station by a serving police officer,” Talaam argues.
He further says his continued detention is malicious as there is no evidence linking him to the said death which is supposed to be a subject of inquest proceedings at the magistrate’s court.
Omari argues that the continued detention of his clients is premature and procedurally flawed.
