Ex-OCS Talaam, 5 others denied bond

Former OCS Samson Talaam and five co-accused persons have been denied bail by the High Court.

This comes after Justice Diana Kavedza cited real risks of witness interference and overriding public interest in the matter.

Taalam was charged alongside two other police officers with the murder of Albert Ojwang, who was killed in the cells at the  Central Police Station in Nairobi, in  June.

The other two police officers charged with the murder are James Mukhwana and Peter Kimani.

Also charged with Ojwang’s murder were John Ngige Gitau, Gin Ammitou Abwao and Brian Mwaniki Njue, who are all said to have been in the cell at the time the blogger was killed.

The six have since pleaded not guilty and asked to be released on bond or bail.

They had applied for bail pending trial, but the prosecution opposed their release, warning that at least the first four accused are law enforcement officers who still wield influence that could jeopardise the integrity of the trial.

Represented by their lawyers, the defence argued that the officers had already been interdicted and thus lacked authority to interfere with investigations or witnesses.

However, the court disagreed, noting that interdiction does not completely strip officers of their influence.

“I am persuaded that the fear is not speculative but real,” Justice Kavedza ruled.

“There exists a genuine risk of interference with key witnesses, not only within the National Police Service but also among members of the public.”

The judge further held that the prosecution’s concerns were well-founded, observing that widespread protests demonstrated the depth of public interest in the matter.

“Unrest cannot be dismissed as passive interest,” she said.

On the issue of investigations, Justice Kavedza dismissed claims by the prosecution that release on bond would hamper inquiries, terming those allegations speculative and insufficient to curtail constitutional rights.

However, the combined concerns of witness interference and public interest outweighed arguments in favour of release.

Consequently, the six accused will remain in custody.

Lawyer Danstan Omari, representing Talaam, sought the court’s leave to appeal the decision, which Justice Kavedza allowed, noting that the defence is at liberty to pursue the matter before the Court of Appeal.

The court also directed the parties to prepare for pre-trial hearings.

The prosecution disclosed that it intends to call about 18 witnesses.

Justice Kavedza ordered phased disclosure of evidence, beginning with four key witnesses.

The first pre-trial conference will be conducted between November 17 and 21, 2025, with continuous pre-trials to follow.