Written by Joyce Nzomo
The High Court has declined to release former Nairobi Central Police Station OCS Samson Kiprotich Talaam and five others on bail in the case of teacher and blogger Albert Ojwang at the station in Nairobi.
In a ruling delivered at the Kibera Law Courts, Justice Diana Kadveza directed that Talaam, Police Constables James Mukhwana and Peter Kimani, and three others remain in custody until witnesses based at the Nairobi Central Police Station give their testimony. The judge said there was a real and compelling risk of interference with key witnesses, many of whom are still serving police officers.
Justice Kadveza observed that despite the interdiction of Talaam and his deputy, they still wielded significant influence that could compromise the trial. She also raised concerns about potential tampering with CCTV footage, noting that such fears were credible and not speculative.
Although the Constitution guarantees the right to bail under Article 49, the judge underscored that it is not absolute. She said the seriousness of the murder charge, combined with the high-profile status of the accused, heightened the likelihood of absconding.
The defence team had argued that the prosecution had failed to provide proof of possible interference with witnesses or evidence. However, Justice Kadveza held that considerations of public interest and national security outweighed the accused persons’ right to liberty at this stage.
The murder of the blogger sparked public outrage and nationwide protests, with the court describing the case as one of significant public concern that requires careful balancing of justice and order.
The court consequently dismissed the bail application, keeping Talaam and his co-accused in custody until police officers scheduled to testify have taken the stand.
