The High Court has rejected a bail application filed by former Nairobi Central Police Station OCS, Samson Talaam, and five co-accused persons charged with the brutal murder of teacher and blogger Albert Ojwang while in police custody.
Delivering the ruling on Tuesday, Lady Justice Diana Kavedza ordered that Talaam, alongside Police Constables James Mukhwana, Peter Kimani, and three other suspects, remain in detention as the murder trial proceeds.
The prosecution, led by state counsel, had opposed the bail plea, arguing that releasing the six would compromise witness safety and ongoing investigations being conducted by the Independent Policing Oversight Authority (IPOA) and other agencies.
Justice Kavedza, however, dismissed the argument, noting that the prosecution failed to provide concrete evidence that bail would directly interfere with investigations.
Nonetheless, the court placed strong emphasis on matters of public safety and national security, citing the violent protests, destruction of property, and the burning of a police station that followed Ojwang’s death.
“The bail and bond guidelines recognise that the right to bail is not absolute and may be limited when its exercise undermines public confidence in the administration of justice or jeopardises public interest,” Justice Kavedza ruled.
She further observed that releasing the suspects at this stage could trigger public uproar and destabilise security, making bail “an unwise option.”
The judge also pointed out that while the accused enjoy the constitutional right to bail, the court has the discretion to balance that right against public interest and the need to safeguard national stability.
“The incident not only resulted in the tragic loss of life but also sparked widespread public outrage across the country,” she added.
Consequently, the court denied bail for all six suspects. However, Justice Kavedza opened a new window for future applications, ruling that Talaam and his co-accused may renew their bail requests once key civilian and police witnesses from Central Police Station have testified.
The six officers are accused of coordinating the assault that led to Ojwang’s death on June 8, while he was being held at Nairobi Central Police Station. The case has since ignited a national debate on police accountability and the protection of suspects in custody.