The officer Commanding Central Police Station ( OCS ) Samson Talaam has suffered first defeat in the corridors of justice after judge Lawrence Mugambi rejected his petition seeking to halt his prosecution over Ojwang’s murder.
The embattled police boss had asked the judge to suspend his prosecution pending the conclusion and subsequent outcome of a public inquest into Albert Ojwang’s murder.
Talaam, through his lawyers, had argued that the Independent Policing Oversight Authority ( IPOA ) had prematurely decided to slap him with murder charges and without following the legal procedure for deaths in police custody.
However, Judge Lawrence Mugambi has rejected to allow this petition and reffered it back to the Kibera High Court. In his judgement, Mugambi revealed that he made the decision to avoid conflicting court decisions as the matter is already before another court.
OCS Talaam has been charged with murder alongside fellow officers; Peter Mwangi and constable James Mukwana. Three other civilians who were in custody on the night Ojwang died; Gin Abwao, Brian Njue and John Gitau have also been charged with murder.
The defense attorneys want the six accused persons released on bond. The prosecution lawyers have in turn asked the court not to release the six arguing that they may interfere with witnesses and evidence.
By Kenyans