Central Police Station OCS Samson Talaam’s bid to suspend his murder trial over the death of teacher-cum-blogger Albert Ojwang has been rejected by the High Court.
Mr Talaam along with five other accused persons had sought a public inquest to determine the cause of death.
Instead, Justice Lawrence Mugambi transferred the petition filed by Mr Talaam and Police Constable James Mukhwana to the Kibera High Court where Judge Diana Kavedza is already presiding over the murder trial.
In declining to entertain the petition for an inquest, Justice Mugambi cited a potential conflict of interest noting that the matter is already active before a court of equal jurisdiction.
Central Police Station cell
In their petition, Mr Talaam through his lawyer Danstan Omari urged the High Court to halt the murder trial and instead order an inquest to determine the cause of Mr Ojwang’s death inside a Central Police Station cell.
Mr Omari argued that the law mandates an inquest whenever a suspect dies in police custody. However, the judge disagreed, ruling that the orders sought had already been overtaken by events, and the case had formally entered trial.
“The argument is sound and any objections to continued detention can be raised before the Kibera High Court,” Justice Mugambi said.
The Director of Public Prosecutions (ODPP) through a prosecuting counsel opposed the inquest application. The DPP noted that the suspects had already taken plea over the alleged murder committed on the night of June 7–8, 2025.
James Mukhwana, the main suspect in the murder of Albert Ojwang arraigned at Milimani Law Court on June 13, 2025.
Photo credit: Wilfred Nyangaresi | Nation
Among the suspects is John Ngige Gitau alias Kinara, a deserter from the General Service Unit (GSU) who was reportedly being investigated for another murder at the time he was detained at Central Police Station.
While opposing the suspects’ bail applications, the prosecution led by Duncan Ondimu told the court that Mr Gitau held a position of influence over other detainees at the station often referred to as “Kinara” giving him the capacity to interfere with witnesses.
In an affidavit, Ipoa principal investigator Justin Nyatete said that releasing Mr Gitau on bail posed a high risk of witness interference and flight from justice.
Mr Talaam, along with Mr Mukhwana, Peter Kimani, Gitau, Gin Ammitou Abwao and Brian Mwaniki all denied murdering Ojwang in the police cell on the night of June 7 and 8, 2025.
The prosecution urged the court to deny the suspects bail citing the seriousness of the offence and their likelihood to interfere with witnesses or flee the country.
According to Ipoa, Mr Talaam was the custodian of the police station’s records and surveillance system (CCTV) at the time.
With 29 years of service and the rank of Chief Inspector, Talaam had full operational powers—including access to firearms and knowledge of police systems.
The investigator also stated that Constable Mukhwana who was the day cell sentry officer had access to the holding cells and keys and was directly involved in custody operations during the period when Ojwang was detained.
Mr Ondimu, joined by prosecutors Angela Fuchaka, Victor Owiti, Gikui Gichuhi, and Jalson Makori, also informed the court that Kimani was the night cell sentry officer and had served at the station for about three years.
Justice Kavedza will rule on July 30, 2025, on whether to grant the suspects bail, pending the completion of a pre-bail and victim impact report.
