Top Nairobi Cops Face Murder Charges in Custody Death Case

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The central police station. Photo Courtesy

A fresh storm has hit Kenya’s law enforcement ranks after the Director of Public Prosecutions (DPP) gave the green light for murder charges against six individuals three of them police officers in connection with the death of Albert Ojwang while in custody.

Central Police Station Officer Commanding Station (OCS) Samson Kiprotich Talaam, alongside Constables James Mukhwana and Peter Kimani, are among those accused of playing a direct role in Ojwang’s death, which occurred on June 8 while he was being held at the Nairobi-based police station.

The announcement came via a Monday statement from DPP Renson Ingonga, who confirmed that the charges followed the submission of investigation findings by the Independent Policing Oversight Authority (IPOA). According to Ingonga, a team of senior prosecutors was swiftly assembled to analyze the case file submitted on June 22, leading to the decision to prosecute.

“Upon thorough review of the evidence presented, I have approved the prosecution of the six suspects for the offence of murder under Section 204 of the Penal Code,” read the DPP’s statement.

The suspects are now facing trial at the Kibera High Court, where they have been formally charged.

The case has drawn public outrage, especially after it emerged that Ojwang, a teacher and blogger, was allegedly assaulted while in custody. Things took a more serious turn last week when the High Court ordered the detention of OCS Talaam for 15 days to allow further investigations. Talaam was arrested in Eldoret on June 13.

Adding fuel to the fire, the DPP’s office recently accused Talaam of attempting to tamper with evidence specifically by paying off a technician to erase CCTV footage related to the case. This accusation was made before the Milimani Law Courts, where prosecutors argued that Talaam’s actions were a clear obstruction of justice.

Magistrate Benmark Ekhubi agreed with the prosecution’s request to deny bail, citing strong grounds and the likelihood of interference with the ongoing investigations.

As the trial begins, the country watches closely a test not just of the justice system’s resolve, but also of police accountability in Kenya.

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