The High Court has declined to grant bail to former Nairobi Central Police Station OCS Samson Kiprotich Talaam, Constable James Mukhwana, and their co-accused, dealing a significant blow to the group facing murder charges related to the death of Albert Ojwang.
Also facing similar charges are civilians John Ginge Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue. All six are accused of jointly killing the blogger Albert Ojwang during the night of June 7–8, 2025, at Nairobi Central Police Station.
Grounds for Denial: Risk to Witnesses and Justice System
In a detailed ruling delivered by Justice Diana Kadveza, the court emphasized that the accused will remain in custody until key witnesses, particularly those stationed at Nairobi Central Police Station, have testified.
The concerns raised are not speculative but grounded on genuine risks, including the possibility of tampering with CCTV footage
Justice KadvezaDespite claims by the first and second accused that they had already been interdicted from police service, the court maintained that they still wield significant influence, especially within the law enforcement community, posing a risk of interference with witnesses and obstruction of justice.
The Court’s Balancing Act: Justice vs. Liberty
Justice Kadveza underscored that while Article 49 of the Constitution guarantees the right to bail, it is not an absolute right especially in cases involving grave offences and high-profile accused persons.
The gravity of the offence of murder, coupled with the high profiles of the accused, increases the likelihood of absconding trial,
Justice Kadveza The court dismissed the defence’s argument that no material evidence had been presented to support fears of interference or evidence tampering, ruling that the public interest and national security outweigh the personal liberty of the accused at this stage of the proceedings.
Public Outrage and National Impact
The murder of Albert Ojwang, a blogger and vocal government critic, sparked nationwide protests and condemnation earlier this year. The case has since become a flashpoint in the national conversation on police accountability and extrajudicial killings.
The court recognized the broader implications of the case, calling it a matter of “significant public concern” that required a “careful balancing of justice and order
Final Ruling: Bail Application Dismissed
The court concluded that the accused shall remain in custody until witnesses based at the Nairobi Central Police Station have given their testimony
