Albert Ojwang murder: DPP opposes bail for OCS Samson Taalam, Constable James Mukhwana
The Director of Public Prosecutions (DPP), led by Senior Assistant DPP Duncan Ondimu, submitted that the accused are facing a possible death penalty, which significantly raises the risk of absconding.
The High Court has been urged to deny bail to six individuals, including Central OCS Samson Talaam, police constable James Mukhwana and four others charged with the murder of blogger Albert Omondi Ojwang.
The Director of Public Prosecutions (DPP), led by Senior Assistant DPP Duncan Ondimu, submitted that the accused are facing a possible death penalty, which significantly raises the risk of absconding.
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"This court must consider the gravity of the offence and the likelihood that the accused persons will fail to return for trial," said Ondimu.
Ondimu emphasised that the 4th accused, John Ngige Gitau alias Kinara, is a declared deserter from the National Police Service, with official documentation annexed to the prosecution's filings.
"He has already shown disregard for lawful authority and is unlikely to submit to the jurisdiction of this court," Ondimu added.
The prosecution also cited threats to public order and security.
The court was told that the accused persons had strong connections within Central Police Station, where Ojwang died, and could intimidate witnesses or interfere with ongoing investigations.
"This is not just about their liberty; it's about upholding public confidence in the rule of law," said Ondimu.
He further argued that the protection of the accused persons themselves is a valid consideration.
"Given the outrage surrounding the incident, it is in their interest that they remain in custody for the duration of the trial," he told the court.
LSK president, Faith Odhiambo, appearing for the victims, also urged the court to deny bail, echoing the prosecution's concerns.
She submitted that compelling reasons as required by law must be forceful and convincing to the court to justify denying release.
"The likelihood that the accused may fail to attend court, the safety of the victims, and even the protection of the accused, where necessary", she submitted
Odhiambo emphasised that the court must weigh all factors holistically, especially in light of the seriousness of the offence and the real risks posed to the integrity of the trial process.
"Looking at the public interest, the gruesome murder of Albert Ojwang, should be weighed to visa vee the right of the accused...The manner in which it has raised public interest, we have seen the demonstrations due to the murder of Ojwang," Faith Odhiambo submitted.
The defence, however, said that the accused should be granted bail pending their trial.
The accused, through their lawyers, argued that the court had not been told what public interest is, public interest is as dangerous as public policy, the danger of public interest is that it lacks a clear definition, hence not a fixed legal principle.
"The allegations by the state that Taalam can only be safe while in police custody are unfounded, they said there was no material evidence presented before the court to show that the accused persons would interfere with witnesses", they argued.
The court is yet to make a ruling on bail.
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