The High Court has directed the State to respond within three days to a petition filed by Central Police Station OCS Samson Talaam and his colleague James Mukhwana, who are challenging their continued detention over the death of teacher and blogger Albert Ojwang.

Justice Lawrence Mugambi issued the orders on Monday, saying the petition and supporting documents must also be served on the respondents within the same timeframe.

“The Notice of Motion Application dated June 15, 2025, filed under a certificate of urgency, must be physically served alongside the supporting affidavit sworn by Talaam and the accompanying annexures,” the judge ruled.

The respondents were given three days from the date of service to file and serve their replies, after which the petitioners may file a rejoinder within a similar period. The court set June 30 for further directions on the matter.

The two officers, who were detained following Ojwang’s death in custody, filed the urgent application through their lawyer Danstan Omari, terming their detention illegal and premature.

They claimed they were not on duty when Ojwang was booked at the Central Police Station on the night of June 7, 2025.

“The detention of the two petitioners is premature, illegal, and a distraction from finding the real killers,” the petition read.

The officers argued that Talaam had handed over the station to his deputy, while Mukhwana’s shift had ended earlier that evening.

They also raised questions about the manner of Talaam’s arrest, saying he was booked at Lang’ata Police Station by a civilian instead of a police officer.

“The fact that a civilian booked a senior police officer into custody is not just irregular, it is a dangerous precedent,” said Omari.

In their petition, the officers urged the court to consider using an inquest to determine the cause of Ojwang’s death, citing sections 385 to 388 of the Criminal Procedure Code.

They argued that such a process is the proper legal avenue in cases involving deaths in custody.