The High Court has rejected a bail application by former Nairobi Central Police Station OCS Samson Talaam and five co-accused persons charged over the gruesome murder of teacher and blogger Albert Ojwang at the station in Nairobi.
Lady Justice Diana Kavedza, while delivering the ruling on Tuesday, directed that Talaam, Police Constables James Mukhwana and Peter Kimani, and three others continue to be detained as the murder case over the death of Ojwang while in police custody continues.
The prosecution argued that granting bail to the six would interfere with witnesses and the ongoing investigations currently being undertaken by investigative agencies, including the Independent Policing Oversight Authority (IPOA).
Justice Kavedza, however, disagreed with the prosecution’s argument that releasing the accused would interfere with investigations, noting that no evidence had been presented to support the claim.
On public safety, the judge ruled that the widespread protests, destruction of property, and the burning of a police station posed serious risks, and releasing the accused would endanger their safety.
The court emphasised that it holds the sole discretion to balance public interest with the safety of the accused.
The judge further noted that national security is a fundamental concern and cannot be treated casually when weighed against other interests. She observed that releasing the suspects at this stage would likely trigger public uproar and undermine stability, making bail an unwise option.
"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," Justice Kavedza ruled.
''The incident not only resulted in the tragic loss of life but also resulted in widespread public outrage across the country.''
Consequently, the court denied bail to all six suspects.
However, the judge gave another bail window to Talaam and the co-accused, ruling that parties are at liberty to make new applications once key civilians and police from Central Police Station have testified.
The suspects are said to have coordinated the assault on Ojwang while in custody at the Central Police Station, Nairobi, leading to his death on June 8.
