Court to rule on bail for OCS Taalam, five others accused of killing blogger Albert Ojwang

A Kibera court is today expected to rule on whether to grant bail to OCS Samson Taalam, police constable James Mukhwana and four others charged with the murder of blogger Albert Ojwang.

High Court judge Diana Kavedza was urged last month by the Director of Public Prosecutions (DPP) to deny bail to the six accused.

The DPP, represented by Senior Assistant DPP Duncan Ondimu, submitted that the accused face a possible death sentence, which significantly increases the risk of their absconding.

"This court must consider the gravity of the offence and the likelihood that the accused persons may fail to return for trial," Ondimu said.

Ondimu further noted that the fourth accused, John Ngige Gitau alias Kinara, has been declared a deserter from the National Police Service, with official documentation annexed to the prosecution’s filings.

"He has already demonstrated disregard for lawful authority and is unlikely to submit to the jurisdiction of this court," Ondimu added.

The prosecution also raised concerns about threats to public order and security.

The court heard that the accused have strong connections within Central Police Station, where Ojwang died, and could potentially intimidate witnesses or interfere with ongoing investigations.

"This is not just about their liberty; it is about upholding public confidence in the rule of law," Ondimu argued.

He further submitted that the protection of the accused themselves was a valid consideration.

"Given the public outrage surrounding this incident, it may be in their interest to remain in custody during the trial," he told the court.

LSK President Faith Odhiambo, appearing for the victim, also urged the court to deny bail, echoing the prosecution’s arguments.

She submitted that compelling reasons, as required by law, must be forceful and convincing to justify denying release.

"The likelihood that the accused may fail to attend court, the safety of the victims, and, where necessary, the protection of the accused themselves," she said.

Odhiambo emphasised that the court must consider all factors holistically, particularly given the seriousness of the offence and the real risk to the integrity of the trial.

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• five others accused of killing blogger Albert Ojwang

"Looking at the public interest and the gruesome murder of Albert Ojwang, the court must weigh this against the rights of the accused... The public interest generated, including the demonstrations following Ojwang’s murder, cannot be ignored," she submitted.

The defence, however, urged the court to grant bail pending trial.

Lawyers for the accused argued that the prosecution had not provided a clear definition of ‘public interest’, describing it as vague and lacking a fixed legal principle.

"The claim by the state that Taalam can only be safe in police custody is unfounded; no material evidence has been presented to show that the accused would interfere with witnesses," they argued.