Court Rules On Release Of OCS Talaam and 5 Others in Albert Ojwang’s Murder

The High Court has rejected a bail application by former Central Police Station OCS Samson Talaam, Constable James Mukhwana, Peter Kimani, and three other suspects.

The group, which also includes civilians John Ginge Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue, is charged with the murder of Albert Ojwang, who died on the night of June 7–8, 2025, while at the Central Police Station in Nairobi.

In a ruling delivered on Tuesday, September 30, Justice Diana Kadveza ordered that the accused remain in custody until key witnesses testify in the case.

"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.

"The incident not only resulted in the tragic loss of life but also resulted in widespread public outrage across the country," she said.

Earlier, the prosecution had asked the court to withhold bail for Talaam and his co-accused after they were charged with murder.

In a statement issued on Tuesday, June 2, the Office of the Director of Public Prosecutions (ODPP) raised concerns that the accused could potentially interfere with witnesses.

"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.

The prosecution argued that keeping the accused in custody was also necessary for their own safety, citing the intense public anger and protests that erupted after the killing. It maintained that releasing them could heighten unrest and threaten peace and order.

The DPP further insisted that sufficient grounds had been provided under Article 49(1)(h) of the Constitution to justify denying bail.

Talaam was arrested shortly after giving his statement to the Independent Policing Oversight Authority (IPOA), where he denied being the main suspect in Ojwang’s death.

Media reports indicated that Talaam claimed Ojwang had been brought to the station in a critical condition on the day he died. He said he and other officers attempted to save him by rushing him to the hospital, but he was pronounced dead on arrival.

Talaam also dismissed claims that he opposed Ojwang being booked at the station. He further stated that he was not present when Ojwang was first brought in and only arrived later after being notified of his worsening condition.