The High Court has denied bail to former Nairobi Central Police Station OCS Samson Kiprotich Talaam, Constable James Mukhwana, Peter Kimani, and three other co-accused in the murder case of blogger Albert Ojwang. The group, which also includes civilians John Ginge Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue, is charged with killing Ojwang on the night of June 7th and 8th, 2025, inside the Central Police Station.
Justice Diana Kadveza ruled that the six will remain in custody until key witnesses testify, citing credible concerns about possible interference with evidence and intimidation of witnesses, particularly those serving within the police force.
Why did the court decline bail?
In her ruling, Justice Kadveza emphasized that bail, though a constitutional right under Article 49, is not absolute. She noted that despite claims by the first and second accused that they had already been interdicted, their connections and influence still posed a genuine risk to the integrity of the trial. The court stressed that the concerns raised were not speculative, pointing specifically to potential tampering with CCTV footage as a realistic threat.
“The gravity of the offence of murder, coupled with the high profiles of the accused, increases the likelihood of an absconding trial,” the court observed.
The defence had argued that no tangible evidence had been presented to show that the accused had interfered with witnesses or tampered with evidence. However, Justice Kadveza ruled that public interest and national security outweighed the accused persons’ personal liberty at this stage.
The blogger’s murder triggered nationwide protests and widespread condemnation, highlighting the gravity of the case. The court stated that the matter carries significant public concern and must balance justice with order.
In dismissing the bail application, Justice Kadveza directed that the accused remain in custody until witnesses based at Nairobi Central Police Station have testified. This decision signals the court’s commitment to safeguarding the credibility of the trial before considering bail.
By Lucky Anyanje
