Ojwang murder case: Ex-OCS Talaam, co-accused, to remain in remand until bail ruling on September 26

Interdicted Nairobi Central Police Station OCS Samson Talaam, police constable James Mukhwana and four others charged with the murder of blogger Albert Ojwang, will remain in remand until September 26.

High Court judge Diana Kavedza, sitting in Kibera, declined to grant the six accused persons bail on Wednesday after the pre-bail report recommended that they be denied it.

The report tabled in court by the probation officer indicated that the victim's side was furious and was vehemently opposed to Talaam's release on bond. The report said that if released, the suspects were likely to cause harm to those involved in the case.

"Apprehension of investigating authorities and prosecution for release of accused on bond, this enquiry confirmed some of the fears expressed by the investigating authority in this case, IPOA investigators opposing the granting of bail to the accused person. These include apprehension in regard to witness interference and safety as well as disturbance of public order," the report states.

The court was further told that the case has attracted great national and public interest, which has elicited widespread outrage that still lingers on to date.

Probation officer Benard Musitia said that compounded by other recent events revolving around security, the public is still in a latent state with the potential to erupt into a chaotic situation.

It said the news of the murder had culminated in outrage that led to the torching of Mawego police station and demonstrations around the victim's home area and in Nairobi.

The officer recommended that their enquiry had established concerns, particularly in regard to the safety and security of witnesses and the likelihood of interference by the accused person, given his position in the National Police Service.

Additionally, the incident was still fresh with the secondary victims yet to recover.

"They have a glimmer of hope that the accused person would help unravel the mystery in his current situation, other than if released on bond. Further, public order is also likely to be affected negatively, as well as the general perception of justice by the parties in this matter as well as the wider public," the report said.

"In the event that the honourable court is persuaded to find that compelling reasons to determine grant of bond terms have been established as covered in the above conclusion, then recommendation is made for deferment of admission of the accused person to a bond or bail."

According to the assessment on Mukhwana's suitability for bond, the report showed that the accused person's family is capable of posting it using the family land title deed.

Nevertheless, the report said it was pointed out by his community that the matter involves other government officers, hence his safety and security from the government side is unknown to them.

The probation officer recommended that the court defer Mukhwana's bond with the possibility for review of the decision at a later date, depending on changing circumstances.

The defense team, led by lawyer Danstan Omari, urged Justice Kavedza to release the accused on reasonable terms.

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• to remain in remand until bail ruling on September 26
• Headlines
• National
• Police Constable James Mukhwana
• Albert Ojwang murder
• Constable James Mukhwana
• Albert Ojwang’s murder
• OCS Samson Talaam
• Justice for Ojwang
• Ojwang murder case: Ex-OCS Talaam
• co-accused

Omari, appearing for Talaam, tabled a letter dated June 7, 2025, from the Nairobi Regional Police Commander indicating that Talaam had been interdicted from duty and was on half salary effective June 9, 2025.

"Your appointment as a police officer shall not cease, but your powers, privileges and benefits shall be suspended," the letter read in part.

Omari told the court that Talaam was effectively a civilian earning half his salary and had surrendered his police powers and equipment, including his certificate of appointment, uniform, and government-issued items.

He faulted the probation officer for assuming Talaam was still a serving police officer and, therefore, capable of causing public disorder if released.

"To the bail report, the good probation officer is alluding to the fact that the first accused person can cause public disorder. We have demonstrated by that interdiction letter that he has no gun, no police uniform and no walkie-talkie to intercept police communication," Omari said.

The lawyer urged the court to release Talaam on reasonable bond and bail terms, noting that the probation officer had described him as a man of good character.

Omari said Talaam, who served in the police force for 28 years, had no previous criminal record and came from a stable and religious family. He added that Talaam's wife and children depended on him, especially after his salary had been halved.

"The African Charter for the Rights and Welfare of the Child and Article 53 of the Constitution provide for the best interest of the children," Omari told the court.

He further argued that Talaam was not engaged in alcoholism or drug use and that the probation officer had conceded he would not pose a threat if released.

On witness interference, Omari said the State had provided no evidence, terming the allegation speculative.

"There's no evidence since he was arrested that he has tried to interfere with anyone," he submitted.

He added that all the allegations raised by the Independent Policing Oversight Authority (IPOA) and the probation officer were speculative.

Justice Kavedza, however, ordered the accused to be remanded at Nairobi Remand, while Mukwana is to be held at the Industrial Area Police Station. The defence lawyer was directed to write to the court explaining why his client did not feel safe at Nairobi Remand.

During the proceedings, a man interrupted the court session, claiming that the process was incomplete without the arrest of Police Inspector Eliud Lagat.

Justice Kavedza directed the man, identified as Muteti, a human rights activist, to apologise for his conduct or face arrest.

Muteti later apologised to the court.

The case will be mentioned on September 26, 2025, for a ruling.