Ojwang’s Murder: IPOA Opposes Bid by Police Officers to Halt Trial

 

By Gilbert Mmbaya

 The Independent Policing Oversight Authority (IPOA) has strongly opposed a legal bid by two senior police officers to stop their prosecution over the death of blogger Albert Ojwang, terming the move a deliberate attempt to evade justice.

Officer Commanding Station (OCS) Samson Taalam and Police Constable James Mukhwana, who are facing murder charges in connection with Ojwang’s death, filed a petition seeking to halt their trial. The petition, currently before the courts, is aimed at stopping the proceedings of Kibera High Court Criminal Case No. HCCR E010 of 2025.

IPOA, however, maintains that the prosecution is based on thorough, independent investigations which unearthed credible evidence implicating the officers. The oversight body argued that allowing the petition would amount to obstructing justice and send a dangerous message about accountability within the police service.

“The petitioner is simply trying to bypass the justice system,” IPOA told the court. “This court should not allow public officers to use legal loopholes to avoid facing the law.”

Ojwang, a vocal blogger and activist, died while in police custody at the Central Police Station under circumstances that triggered widespread public outrage and renewed calls for reform within the National Police Service. His death, widely condemned as yet another case of police brutality, sparked protests and national debate on the treatment of detainees.

In its response, IPOA further warned that halting the trial would set a “troubling precedent”, effectively shielding state actors from accountability in cases involving torture, abuse of power, and extrajudicial killings.

“This application threatens the very foundation of the rule of law and risks reinforcing a culture of impunity,” the authority added.

Taalam and Mukhwana were formally charged with murder earlier this year following months of public pressure and investigative work by IPOA. The case is now seen as a key test of Kenya’s ability to hold law enforcement officers accountable for human rights violations.

IPOA is urging the court to dismiss the officers’ petition in its entirety and allow the trial to proceed without further delay, citing the public interest and the rights of the victim’s family to justice.

The court is expected to deliver its ruling on the application in the coming days.