The High Court on Monday directed the Independent Police Oversight Authority (Ipoa) to supply the defence with crucial CCTV footage capturing events leading up to the murder of teacher-cum-blogger Albert Ojwang.
The trial judge said that the footage is essential for both parties before the hearing dates can be set in the murder case against former OCS Central Police Station Samson Talaam and five others.
“Without the CCTV, we cannot set hearing dates. I am sure you are all anxious to know what transpired,” the judge said.
The directive followed disclosure by lead defence lawyers that the CCTV footage, a critical part of the case against Talaam, had not been provided.
Talaam is charged alongside James Mukhwana, Peter Kimani, John Ngige Gitau, Jim Ambao, and Brian Njue. All accused have denied killing Ojwang in a police cell on the night of June 7–8, 2025. They have been denied bail and remain in prison custody.
During a pre-trial directions hearing, Ipoa revealed it had listed 28 witnesses to testify against the accused. The trial judge advised the prosecution to consider reducing this number, noting that too many witnesses could unnecessarily prolong the trial despite its public interest significance.
The judge instructed the prosecution to trim the witness list to 24, explaining that with six defence lawyers on record, extensive cross-examinations could stretch the proceedings for years if the list remained long.
“Credibility of evidence is more important than volume,” he said, cautioning that courts do not require dozens of witnesses to establish criminal liability.
The judge noted that, given the court’s schedule, only three witnesses could testify per day. Therefore, a case involving 28 witnesses could take nearly two years to conclude, depending on the length and complexity of cross-examinations.
The judge directed the investigating officer to work closely with Ipoa to streamline the prosecution file, retaining only witnesses whose evidence is essential to proving the charges.
“You do not need 100 witnesses to prove a case. Previously, I handed down a conviction based on a single witness supported by medical evidence. What matters is the credibility of evidence presented in court,” the judge said.
While the prosecution indicated that it had already reduced the witness list, the judge insisted that further trimming was necessary to ensure the trial proceeds smoothly. The court stated that the presence of multiple defence counsel could lengthen proceedings if the witness list is not carefully managed.
The judge further highlighted that the Ojwang murder case is of great public interest and will be subject to strict case management guidelines to ensure timely justice. The court expects the prosecution to present its case within a defined timeline once hearings commence, warning that the judiciary is under increasing pressure to avoid delays in criminal trials.
A further pre-trial conference is scheduled for January 27, 2026, by which time the prosecution is expected to present a revised witness list and confirm readiness to proceed.
The judge noted that she has the capacity to fast-track the Ojwang hearing, citing the Shakahola massacre case in which she heard over 100 witnesses in 22 days.
“Do not worry about the case taking off. Learn your judge, collect your evidence, and organise yourselves,” the judge told the lawyers.
The court said that the pace of the trial will depend largely on the conduct of the parties, warning against unnecessary applications, delays, and theatrics in court.
