High Court Judge Lawrence Mugambi has rejected an attempt by Central Police Station OCS Samson Talaam to stop his prosecution in connection with the death of blogger Albert Ojwang’.
Instead, Justice Mugambi granted an oral application by the Director of Public Prosecutions (DPP) and the Independent Policing Oversight Authority (IPOA) to transfer the case to the High Court in Kibera, where Talaam and his co-accused, Police Constable James Mukhwana, are already facing a murder trial.
In his ruling, delivered on Monday, Justice Mugambi emphasized the importance of judicial consistency, stating that allowing the petition in his court could result in conflicting rulings. “The petitioners are already charged before the High Court in Kibera. Any orders from this court may contradict proceedings ongoing there. I therefore direct that this file be transferred to the Kibera High Court for further directions,” he said.
Talaam and Mukhwana had filed a petition seeking to stop their prosecution and instead compel the State to launch an inquest into Ojwang’s death. But the judge noted that the matter was already active in another High Court and should remain there to avoid jurisdictional confusion.
State Counsel Jalson Makori, representing the DPP, argued that the court had no obligation to await a formal transfer request. He said the petition was clearly a challenge to ongoing proceedings before a court of equal jurisdiction, which could set a dangerous precedent.
Makori also pointed out that the officers’ petition stemmed from a miscellaneous application at the Milimani Chief Magistrate’s Court, which had initially granted investigators three weeks to hold the suspects as they carried out investigations.
The ruling now clears the way for the continuation of the murder trial at the Kibera High Court.
