The Director of Public Prosecutions (DPP) on Monday told the High Court that former Central Police Station Officer Commanding Station (OCS) Samson Talaam and his five co-accused deliberately assaulted Albert Omondi Ojwang to death before attempting to cover up the crime.
Opening the prosecution’s case, the DPP said it would present evidence to show that Ojwang arrived at Central Police Station alive after his arrest but was found dead the following morning while in police custody.
The prosecution argued that the officers who had lawful custody of Ojwang were under a legal duty to protect him but instead participated in an unlawful enterprise that resulted in his death.
State prosecutors told the court they would call members of Ojwang’s family to testify that he was physically healthy at the time of his arrest. They also intend to present testimony from the police officers who arrested and transported him to Central Police Station, as well as the pathologist who conducted the post-mortem examination.
According to the prosecution, the medical evidence will show that Ojwang sustained injuries that were inconsistent with the initial police account claiming he died after hitting his head against a wall.
The DPP further said the prosecution would rely on CCTV experts and forensic evidence to trace Ojwang’s movements inside the police station and demonstrate alleged interference with CCTV footage following his death.
Prosecutors urged the court to carefully evaluate the evidence they intend to present, arguing that the accused acted both individually and jointly in causing Ojwang’s death before allegedly attempting to conceal the circumstances surrounding the killing.
The prosecution maintained that Ojwang’s death was not an accident but an intentional act, stressing that every Kenyan has the right to safety while in police custody and that law enforcement officers must be held accountable for any abuse of power.
Talaam and the five other accused persons have denied the murder charges.
