The Independent Policing Oversight Authority (IPOA) has come out strongly against an attempt by two senior police officers to block their prosecution in the murder case of blogger and teacher Albert Ojwang. IPOA described the legal move as a calculated effort to dodge accountability and obstruct justice.

Officer Commanding Station (OCS) Samson Taalam and Police Constable James Mukhwana, both charged with murder, had filed a petition asking the High Court to stop their trial. The two are key suspects in Kibera Court Criminal Case No. HCCR E010 of 2025.

IPOA listed as the sixth respondent in the case, responded by filing a sworn statement rejecting the petition. They called it an abuse of the legal system. The authority pointed out that their probe into Ojwang’s death was thorough and impartial. They stated it provided enough evidence to support the prosecution of the officers.

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

IPOA warned that granting the officers’ request would set a dangerous precedent, effectively shielding state actors from accountability in cases involving torture, abuse of power, and extrajudicial killings. It urged the court to reject the application and let the murder case move forward without interference.

“Stopping this trial would not only undermine justice for the victim but also send a message that state officers can act with impunity,” IPOA added.

Justice Lawrence Mugambi listened to the petition and dismissed the officers’ bid to stop the trial. He decided that the case should continue at the Kibera Law Courts where the trial is already ongoing, and both officers have given their pleas.

Taalam, who served as the OCS at Nairobi Central Police Station, had asked the High Court to instead open an inquest into Ojwang’s death. Through his lawyer Danstan Omari, he argued that the High Court had jurisdiction to take over the matter and provide an alternative path to justice.

However, Justice Mugambi dismissed that line of argument, stating: “The orders in the miscellaneous file are spent, and the court has assumed jurisdiction. The argument is sound. Any objections to continued detention can be made before the Kibera court.”

The judge directed the case file to return to the Kibera Law Courts for further steps. He emphasized avoiding decisions from different courts that could contradict one another.