Drama Unfolds in Court as Lawyers Battle Over Death of Teacher and Blogger Albert Ojwang
There was intense drama at the Milimani Law Courts during a heated legal exchange between prosecutors from the Office of the Director of Public Prosecutions (ODPP) and defense lawyers representing two police officers who have been accused of involvement in the death of teacher and blogger Albert Ojwang.
The courtroom atmosphere grew tense as Nairobi Central Police Station Officer Commanding Station (OCS) Samson Talaam and Constable James Mukhwana, represented by lawyer Danstan Omari, petitioned the High Court to stop their prosecution.
They also challenged an application to have the officers detained for 21 days as investigations continued.
Omari argued strongly that the arrests made by the Independent Policing Oversight Authority (IPOA) were not only premature but also legally unjustified.
He insisted that the proper legal process had not been followed, claiming that an inquest into the teacher’s death should have been conducted before any criminal charges were considered against his clients.
Tensions peaked when Omari began cross-examining IPOA’s Senior Assistant Director of Investigations, Abdirahman Jibril.
Jibril had sworn an affidavit in support of the prosecution’s request to detain the two officers for 21 more days. Omari demanded that Jibril clarify the legal basis on which IPOA was asking for such detention.
While questioning Jibril, Omari highlighted several issues in IPOA’s affidavit. He pointed out contradictions and inconsistencies, claiming that they undermined the legal foundation for Talaam’s prosecution.
“From your affidavit, confirm that the place of death is the Central Police Station. You have stated that the death occurred in the police cell,” Omari said as he pressed the witness.
He also brought up specific details from IPOA’s report that had been presented to the Senate the previous week. However, the prosecution objected, saying that those details were not included in the affidavit that had been filed in court.
As Omari continued his strong line of questioning, the prosecution called for calm and respect. One of the prosecutors said,
“We urge our colleagues to maintain professionalism. What the court has advised is to refer to the law when questioning the witness, not to demand that the witness interpret it. You are free to read the law and then ask questions based on that.”
In response, Omari shot back with another tough question: “Show me the section of the law that gives IPOA the authority to investigate a death that occurs inside a police cell.”
Caught off guard, Jibril admitted, “We did not anticipate that a witness from IPOA would be asked to read from the law itself. We don’t have a copy of the IPOA Act here.”
Omari seized the moment to accuse the prosecution of applying the law selectively when it benefits them. His remark about the prosecution’s “selective amnesia” sparked murmurs and tension in the courtroom.
The Director of Public Prosecutions has requested that OCS Talaam be detained for 21 additional days, arguing that this would help IPOA complete its investigation into the suspicious circumstances surrounding Ojwang’s death. Omari, however, firmly opposed the move.
While the prosecution said the detention was necessary to protect potential witnesses, Omari insisted that Talaam had no knowledge of who those witnesses were.
“My client doesn’t know any of the witnesses. Is his presence in a police cell necessary for phone analysis? What role does he have in the forensic process?” Omari asked, leaving the prosecution briefly silent.
Jibril tried to respond by saying, “It’s not just about phone analysis. There’s more to the investigation that needs to be completed.”
The case has drawn significant public attention, as it raises serious questions about police accountability and the legal procedures followed in custodial deaths.
The court proceedings are expected to continue as both sides dig deeper into the circumstances surrounding the death of Albert Ojwang.
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