Six suspects charged with the murder of blogger and teacher Albert Ojwang have pleaded not guilty before Kibera Law Court Judge Diana Kavedza.
The accused are former Central Police Station OCS Samson Talaam, Police Constable James Mukhwana, Peter Kimani, John Gitau, Gin Ammitou alias Gilbeys, and Brian Mwaniki.
They appeared in court on Tuesday to take plea, each denying the murder charge.
The prosecution, led by State Counsel Victor Owiti, opposed their release on bail, citing compelling reasons.
Owiti told the court that the offence attracts the death penalty, as outlined in paragraph 8 of the prosecution’s affidavit.
He added that the seriousness of the charge and the potential risk of interference with witnesses and evidence were valid grounds to deny bail.
The prosecution submitted that the first three accused, being police officers, had served at the station where the alleged offence took place and were therefore more likely to interfere with the case.
Owiti also informed the court that CCTV footage from the OCS office had been tampered with, as noted in various sections of the affidavit.
Concerns were further raised about the accused being potential flight risks, given the severity of the charges.
The Law Society of Kenya (LSK) President, Faith Odhiambo, appearing as an interested party, also opposed the bail application. She cited Article 49 of the Constitution, which allows for the denial of bail if compelling reasons exist.
Odhiambo referenced the likelihood of absconding, potential interference with witnesses, and the need to ensure the safety of the accused as sufficient grounds to withhold bail.
Julius Juma, representing the victim’s family, echoed these arguments. He told the court that the right to liberty is not absolute and can be restricted under constitutional provisions.
“The framers of the Constitution made it clear that the right to bail can be restricted under the right circumstances,” said Juma.
On the defence side, lawyer Danstan Omari applied for bail for the first accused, urging the court to consider reasonable terms. Other defence lawyers also sought favourable bail conditions for their clients.
The case has drawn national attention following the death of 31-year-old Ojwang, who died in police custody on June 8, 2025.
His arrest had followed a complaint filed by Deputy Police Chief Eliud Lagat.
Lagat has since stepped aside to allow investigations.
Initial police statements claimed Ojwang died from self-inflicted injuries, but this was later revised after an autopsy suggested the cause of death was likely due to assault.
