NAIROBI, Kenya — The Independent Policing Oversight Authority (IPOA) is moving to secure a 21-day detention period for Police Constable James Mukhwana at Capitol Hill Police Station. This request is directly linked to the murder investigation concerning blogger and teacher Albert Ojwang, who tragically died while in police custody.
Appearing before the Milimani Law Court on Friday, IPOA argued that releasing the respondent poses a significant risk of him interfering with ongoing investigations, particularly by potentially influencing fellow officers.
Abdirahman Noor Ibrahim, representing IPOA, cited a recent incident on June 8 where crucial evidence, including CCTV footage, was allegedly tampered with.
“There is a real risk of interference. The CCTV system was already tampered with,” Ibrahim stated before the court.
IPOA further contended that not all individuals suspected of involvement in the murder’s planning have yet been identified or apprehended.
The authority also voiced concerns about the prevalent “blue code of silence” within the police service, cautioning that Mukhwana’s release could obstruct the course of justice.
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However, the defense counsel, led by attorney Danstan Omari, contested the concerns raised by IPOA, asserting that the prosecution had failed to provide any compelling reasons to warrant Mukhwana’s prolonged detainment.
Omari urged the court to grant bail or reasonable bond terms, coupled with strict conditions such as prohibiting Mukhwana from accessing Central Police Station. He insisted that the state’s fears were speculative and lacked concrete support.
“If the respondent interferes, bond terms will be cancelled and the state will come to court to show he failed to comply with the court order,” Omari argued.
