Court denies ex-OCS Talaam bail in Albert Ojwang murder case

Six suspects linked to the murder of blogger Albert Ojwang before Kibera Law Courts on June 23, 2025. [File, Standard]

The High Court in Kibera has denied bail to former Central Police Station OCS Samson Talaam, Police Constable James Mukhwana, and four co-accused over the murder of teacher Albert Ojwang.

In her ruling, Justice Diana Kavedza cited the risk of interference with both civilian and police witnesses, as well as the public interest, as compelling reasons to keep the six in custody.

"The scale of public unrest following the deceased's death constitutes a compelling reason to deny bail," the judge observed, noting nationwide protests and property destruction after the blogger's death in police custody in June.

"Public interest demands that the accused remain in custody while awaiting trial, to safeguard public order, reassure victims and their families, and preserve confidence in the justice system."

The six accused, Talaam, Mukhwana, Peter Kimani, John Ngige Gitau, Gin Abwao, and Brian Mwaniki Njue, will continue to be held at Nairobi Remand Prison, with the option to seek bail again once key witnesses have testified.

While denying the six bail terms on the grounds of the likelihood of interference, Justice Kavedza highlighted particular concerns regarding Talaam, Mukhwana, and Kimani, who are police officers with residual authority and influence.

"Despite their interdiction, they still wield authority and influence through their training, service connections, and standing in the community. This concern was consistently raised by the deceased's family and is supported by the prosecution," the judge noted.

The court also referenced Section 10 of the Victims Protection Act No. 17 of 2024, emphasizing the legal obligation to protect victims throughout the trial process.

The prosecution led by state counsel Victor Owiti had argued that releasing the accused could undermine public safety and potentially interfere with investigations, including alleged tampering with CCTV evidence retrieved at the central police station.

While the court found no evidence of prior tampering, it held that the risk of future interference remained credible.

Ojwang, 31, died on June 8, 2025 in custody at Central Police Station.

Police initially claimed he sustained self-inflicted injuries after allegedly defaming the Deputy Inspector General of Police, but a post-mortem revealed he died from physical assault.

The six accused, charged in June 2025, all pleaded not guilty.

The case will be mentioned on November 17, 2025 for pretrial directions.