By Were Kelly
A Kibera court is set to issue a ruling on September 26, 2025, regarding the release on bond or bail of six individuals charged with the murder of Albert Ojwang’.
Led by lawyer Danstan Omari, the defence team urged Justice Diana Kavedza to consider granting the accused reasonable bail terms.
The Office of the Director of Public Prosecutions (ODPP) informed the court that it had filed and shared probation reports for all the accused, including former Central Police Station OCS Samson Talaam.
According to the prosecution, the reports reached negative conclusions about the accused. The ODPP asked the court to offer guidance on the issue.
“We will present submissions before the court gives directions,” the defence team responded.
Representing Talaam, Omari presented a letter dated June 7, 2025, from the Nairobi Regional Police Commander, confirming Talaam had been interdicted from duty with effect from June 9, 2025.
The letter specified that while Talaam remained an officer by title, his powers, benefits, and privileges had been suspended and he would receive half his salary.
Omari informed the court that Talaam had effectively relinquished his police duties and returned all government-issued items, including his uniform, certificate of appointment, and communication devices.
He challenged the probation officer’s assessment, which had treated Talaam as an active officer capable of causing public unrest if released.
“The probation officer suggests that the first accused may incite public disorder. However, we have shown through the interdiction letter that he lacks access to a firearm, uniform, or walkie-talkie,” Omari said.
Omari appealed for reasonable bond and bail conditions for Talaam, noting that the probation officer had acknowledged his good character.
He described Talaam as a man with no criminal history, who had served in the police force for 28 years and came from a religious, stable family. Omari added that his wife and children depended on him, especially after his salary had been reduced.
Quoting the African Charter on the Rights and Welfare of the Child and Article 53 of the Constitution, Omari argued that Talaam’s children’s best interests should be considered.
He further pointed out that Talaam had no history of substance abuse and that the probation officer had conceded that he did not pose a danger if released.
Responding to concerns about witness interference, Omari said the State had failed to produce any supporting evidence, describing the claims as speculative.
“There is no proof that he has attempted to interfere with any witnesses since his arrest,” he said, dismissing both the IPOA’s and the probation officer’s concerns as unsubstantiated.
Justice Kavedza also directed that the second accused be held at the Industrial Area Police Station. The defence counsel was asked to provide a written explanation for the client’s discomfort with being detained at Nairobi Remand.
The case is scheduled for mention on September 26, 2025, when the court will deliver its ruling.
Samson Kiprotich Taalam and the five others accused of murdering Albert Ojwang will remain in remand custody until then.
During the hearing, a disruption occurred when a man claimed that the case could not proceed without the arrest of Deputy Inspector General of Police Eliud Lagat. The man, identified as human rights activist Mulinge Muteti, was ordered by Justice Kavedza to apologise or face arrest.
Muteti complied and issued an apology to the court.
