NAIROBI, Kenya – The High Court has declined to stop the murder trial of two police officers accused in the killing of teacher and blogger Albert Ojwang, instead directing that the matter be handled at the Kibera Law Courts.
Justice Lawrence Mugambi on Monday ruled that the petition filed by Nairobi Central Police Station OCS Samson Taalam and Constable James Mukhwana should be transferred to the lower court where the criminal trial is already underway.
“The issues raised in the petition can be adequately addressed within the ongoing proceedings at the Kibera court,” Justice Mugambi said.
The officers, through lawyer Danstan Omari, had sought to block the trial and instead requested an inquest into Ojwang’s death.
They argued that the High Court had jurisdiction to entertain the petition, claiming the criminal proceedings were flawed.
But the judge dismissed the argument, noting that the case had already moved beyond preliminary stages in the lower court, where both officers have been formally charged and taken plea.
“The orders in the miscellaneous file are spent, and the court has assumed jurisdiction. Any objections to continued detention can be made before the Kibera court,” ruled Justice Mugambi.
The petition had also raised concerns over the officers’ continued detention and the legality of the prosecution.
However, Justice Mugambi said allowing the High Court to intervene at this stage could lead to conflicting decisions and derail the trial.
He directed that the entire file be transferred to the Kibera Law Courts for further directions.
Ojwang was reportedly arrested on June 7 in Homa Bay County and later died in police custody under unclear circumstances.
His death has sparked public outrage and calls for accountability, with civil society groups accusing police of extrajudicial killings and torture.
Taalam and Mukhwana are among several officers under scrutiny over protest-related deaths.
The Independent Policing Oversight Authority (IPOA) and the Office of the Director of Public Prosecutions (ODPP) have vowed to pursue the case to its logical conclusion.
