By Dennis Kirwa
Lawyer Danstan Omari has cautioned against the premature acceptance of Police Constable James Mukhwana’s explosive confession linking Deputy Inspector General Eliud Lagat and Central Police Station OCS Samson Talaam to the death of Albert Ojwang.
Speaking during an interview on Spice FM’s breakfast show on Tuesday, Omari emphasized that while Mukhwana’s statement has stirred public emotion, its legal weight remains questionable until subjected to scrutiny in a court of law.
“The legal weight of any statement is only established when tested against evidence, corroboration, and cross-examination,” Omari said.
He argued that in high-profile cases, emotional confessions can overshadow due process. Even multiple statements—whether from IPOA, police officers, or eyewitnesses—mean little, he noted, until they are vetted and tested through judicial procedure.
“Others will record statements based on instructions. Others on what they think they saw or heard. But until that evidence stands up under cross-examination, it remains just that—a statement,” he added.
Omari urged the initiation of a judicial inquest as the proper starting point in such a sensitive case. Citing Sections 385 and 386 of the Criminal Procedure Code, he insisted that an inquest is not merely procedural but the safest route to uncovering the truth in custodial death matters.
“An inquest ensures no stone is left unturned. The DIG Lagat would be the first to testify, and the public gets a platform to come forward. This prevents selective prosecution and exposes potential cover-ups,” he said.
He further clarified that only upon the conclusion of an inquest—should culpability be established—should the case file be forwarded to the Director of Public Prosecutions for possible charges.
With rising public pressure and sensational media coverage, Omari’s call stands as a timely reminder of the delicate balance between justice and due process.
“Justice is not served through headlines or viral confessions. It’s earned through a fair, thorough, and lawful process,” he concluded.