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The ruling on whether Constable James Mukhwana will be detained for additional 21 days pending investigation ,will be delivered on June 20, 2025.
The said officer was arrested for allegedly being involved in the murder of Albert Ojwang.
Following submissions made in court by the Independent Policing Oversight Authority (IPOA), counsel for the accused, and the prosecution, the court requested more time to make a ruling and set June 20, 2025, as the date for this decision.
An application was submitted to the court by IPOA, accompanied by a supporting affidavit, requesting further detention of the respondent pending investigations. This application, made by Abdirahaman Jibril, senior assistant director of investigations at IPOA, outlined several reasons why the suspect should remain in custody.
The application contends that the suspect was likely involved in both the planning and execution of the brutal assault on the deceased at the Central Police Station. It further claims that preliminary investigations indicated the accused, along with others at large, was likely involved in a deliberate cover-up, including tampering with CCTV footage at the station.
The affidavit also asserted that the accused might interfere with witnesses and compromise the crime scene, custody records, and other documented evidence. “This is a matter of grave public importance, and the interests of justice require that the applicant be detained to allow for independent and impartial investigations by IPOA,” the application stated.
During cross-examination of Abdirahaman Jibril, counsel for the accused, Lawyer Danstan Omari, argued that there were no materials supporting the affidavit. He applied for the accused to be released on bail or reasonable bond terms, asserting that no compelling reasons had been established to warrant the respondent’s detention.
Omari further noted that the respondent had willingly submitted to the authorities when summoned and, as a serving police officer, the government had all records on him. He argued that pre-plea detention for 21 days was a violation of his liberty and freedom.
