While addressing the media outside the Milimani Law Court shortly after the case concerning Central Police Station OCS Samson Talaam, the defense team, led by Danstan Omari, expressed their condolences to the family of the late Albert Ojwang, emphasizing the nation’s mourning mood following his loss. They clarified that their role was to fulfill their duty in defending anyone who sought their help, and they conveyed that Mr. Talaam had also sent his condolences to Ojwang’s family.
Omari proceeded to highlight several key points that needed public attention. Firstly, he asserted that Mr. Talaam was never arrested in his hometown of Eldoret. Instead, his lawyer had presented him to the Directorate of Criminal Investigations (DCI), which subsequently took him to the Independent Policing Oversight Authority (IPOA) for testimony.
Secondly, Omari stated that Mr. Talaam had properly handed over the station to his deputy, including all the necessary instruments of an Officer Commanding Station (OCS), such as the office, pocket phone, and other related items. He insisted that this transfer had indeed occurred and noted that they would present a defense of alibi.
Thirdly, IPOA had confirmed that the deceased had died in police custody, and according to the defense, the law clearly indicates that any death occurring in such circumstances constitutes a violation. They reported that a police officer had indicated there was an encounter involving the deceased, who was allegedly arrested for assaulting a police officer. Omari affirmed that there was legal documentation supporting this account.
However, he cautioned against misconceptions regarding accusations involving a police officer impersonating another, calling it a falsehood. He highlighted the pressure being exerted on the Deputy Inspector General (DIG), who is also from Eldoret, and stressed that Talaam should not be unjustly sacrificed due to his ethnicity.
For the record, Omari noted that the DIG had reported an offense as an allegation and clarified that there was no direct communication between the DIG and the OCS. According to the established chain of command, any directive from the DIG would be relayed through the operations director, regional commanders, county commanders, and finally from the Officer Commanding Police Division (OCPD) to the OCS.
Omari urged against the current approach, likening it to mob lynching. He criticized IPOA’s response as being influenced by public pressure from a segment of the population that did not represent the broader community. He called for due process and an inquest to uncover the truth.
He rejected claims that the deceased was alone in the cell, noting that the distance from the last cell to the report office exceeded 100 meters. Omari explained that other inmates were present, whom the police referred to as prisoners. He argued that anyone familiar with the Central Police Station would acknowledge the chaotic environment created by the constant noise of arrested individuals, making it unreasonable to expect the OCS to be aware of everything happening in the cells.
He added that deaths in police custody were not uncommon, citing a recent incident where an inmate had died in Homa Bay. He claimed that all inmates were criminals and that police officers were not allowed to be inside the cells with suspects of serious offenses. Thus, the defense insisted that the matter could only be resolved through an inquest.
Omari reiterated the demand for due process to be followed as prescribed by law. Under the prevailing circumstances, he expressed his determination to pursue the matter and defend anyone brought to court. He acknowledged that political parties had filed petitions seeking the removal of the DIG, expressing his belief in the political undertones of the case. While he clarified that he was not a politician, he maintained that the defense team would demand a proper interpretation of the law and justice for Ojwang.
Finally, he confirmed that three civilians had been arrested and reiterated that Mr. Talaam had no involvement in the matter.
