The High Court has declined to grant bail to former Central Police Station OCS Samson Talaam, constable James Mukhwana, Peter Kimani, and three others co-accused.
The six, who include civilians John Ginge Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue, are facing murder charges over the killing of Albert Ojwang on the night of June 7 and 8, 2025, at Central Police Station in Nairobi.
In her ruling delivered on Tuesday, September 30, Justice Diana Kadveza directed that the accused will remain in custody until key witnesses in the case have testified.
She noted that releasing the suspects at this stage could trigger public uproar and potentially destabilise public order.
"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.
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"The incident not only resulted in the tragic loss of life but also resulted in widespread public outrage across the country," she said.
Months earlier, the prosecution had urged the court to deny Talaam and his co-accused bail following the murder charges levelled against them.
In a statement on Tuesday, June 2, the Office of the Director of Public Prosecutions (ODPP) expressed concerns over the possible interference of witnesses by Talaam and his co-accused.
"It was further submitted that the accused, being serving police officers, possess significant operational knowledge, access to firearms, and influence over internal police systems, including familiarity with witnesses and records — all of which could be used to compromise the case," read the statement in part.
Additionally, the prosecution told the court that the continued detention of the accused persons would guarantee their safety, given the recent public uproar.
"The prosecution highlighted the widespread public outrage and protests that followed the killing, noting that releasing the accused could lead to further unrest and threaten public peace and order.
"The DPP urged the court to find that the Prosecution had presented compelling reasons under Article 49(1)(h) of the Constitution to deny bail," the statement added.
Talaam was arrest days after he recorded his statement with the Independent Policing Oversight Authority (IPOA) and denied being the prime suspect in the murder of Ojwang.
According to media reports, the officer reportedly stated that Ojwang was brought to the station in critical condition on the day of his death.
Talaam claimed that he and other officers tried to save Ojwang by rushing him to the hospital, where he was pronounced dead on arrival.
He also refuted claims that he had objected to Ojwang being booked at the station.
Additionally, Talaam revealed that he was not present at the station when Ojwang was brought in and only arrived after being informed of his deteriorating condition.
