Albert Ojwang/HANDOUT
The High Court has assured parties in the Albert Ojwang murder case that the trial will proceed expeditiously.
The presiding judge cited her experience handling the Shakahola massacre proceedings as proof that even complex cases can be concluded within a short time.
Justice Diana Kavedza gave the assurance during a pre-trial mention on Monday at the Kibera High Court after a counsel raised concerns over whether the murder trial would take off amid ongoing procedural issues.
Addressing the parties, the judge said the court would apply active case management guidelines due to the public interest nature of the case, stressing that delays would not be permitted.
“Do not worry about the case taking off. Learn your judge, collect your evidence and organise yourselves," Justice Kavedza told the lawyers.
To underscore her point, the judge referenced the Shakahola massacre proceedings in Mombasa, which she also presides over.
The tragedy claimed over 150 lives under the leadership of the main suspect, the controversial pastor Paul Nthenge Mackenzie of the Good News International Church. The case is currently under trial at the Mombasa High Court.
The judge said the court had sat for 22 days in that matter and heard more than 100 witnesses, demonstrating that courts can handle large and complex cases efficiently with proper coordination.
“If I can hear 100 witnesses in 22 days, then this case can be finalised in a much shorter period,” she said.
Justice Kavedza warned, however, that the pace of the trial would depend largely on the conduct of the parties, cautioning against unnecessary applications, delays and what she described as theatrics in court.
“As long as there is no drama involved, this court will finalise the case within a record of a maximum of four months,” she stated.
The judge outlined a tentative prosecution schedule under which the court would hear about 10 witnesses in the first week of the hearing, another 10 in the second week, and conclude the prosecution case in the third week.
She noted that the presence of six defence advocates means the court would realistically hear no more than three witnesses per day, but said this would still allow the case to move quickly if all parties cooperate.
Justice Kavedza further urged the defence and prosecution teams to organise their evidence in advance to avoid disruptions once the hearing begins.
"Organise yourselves, we reduce drama," she concluded.
The court scheduled a further pre-trial conference for January 27, 2026.
Albert Ojwang died while in police custody on June 8, 2025.
Former Nairobi Central Police Station OCS Samson Kiprotich Talaam, constable James Mukhwana, Peter Kimani, and three other co-accused are charged with murder in connection with his death, charges which they deny.
