Willis Otieno: OCS Tallam risks bearing full legal burden if he withholds information
By Sharon Atieno, July 23, 2026Lawyer Willis Otieno has warned that OCS Tallam could risk carrying the full legal burden if he is withholding information about who, if anyone, instructed or authorised his actions.
In a post shared on his official X account on Thursday, July 23, 2026, Otieno said investigators should establish the complete chain of responsibility in any criminal investigation, including whether an offence was planned, authorised, facilitated or concealed.
However, Otieno’s comments represent his interpretation of how responsibility should be investigated and should not be taken as an established legal finding in the case.
Otieno calls for full chain of responsibility
Otieno said if Tallam received instructions from a higher authority, investigators should establish that through credible evidence.
“If OCS Tallam is withholding information about who, if anyone, instructed or authorised his actions, he risks carrying the entire legal burden himself,” Otieno said.
He added that the absence of instructions from higher up the chain should also be established through evidence.
“If there were instructions from higher up the chain of command, investigators should establish that through credible evidence. If there were none, that too should be established,” he said.
According to Otieno, remaining silent where relevant information exists could create the impression that responsibility begins and ends with Tallam.
Justice system should follow evidence
The lawyer said accountability should not be determined by rank or office, but by evidence linking individuals to an offence.
“The justice system should follow the evidence wherever it leads. Accountability should extend to every person whose actions or omissions are shown by the evidence to have contributed to the offence, regardless of rank or office,” he said.
His remarks come amid continued public debate over accountability and the conduct of security officers in cases involving alleged wrongdoing.
Otieno has previously been vocal in calling for justice and institutional accountability, particularly in the case of the late Albert Ojwang’.
Otieno previously demanded justice for Ojwang’
In June, Otieno renewed calls for justice for Ojwang’ one year after his death while in police custody.
“On a day like this, we lost Albert Ojwang. One year later, his family, friends, and many Kenyans are still waiting for what should never be delayed: truth, accountability, and justice,” Otieno said.
He maintained that the passage of time should not diminish the value of a life lost or remove the responsibility of institutions to provide answers.
Ojwang’ was arrested at his parents’ home in Homa Bay County on June 7, 2025, before being taken to Central Police Station in Nairobi, where he later died.
His death triggered widespread public outrage and renewed scrutiny of police conduct after initial accounts surrounding the circumstances of his death came under question.
Otieno has continued to call for investigations to establish the facts, identify all those whose actions may have contributed to an offence, and ensure that accountability is based on credible evidence rather than the position held by any individual.