The probation office has recommended that the High Court does not release former Central Police Station boss Samson Talaam on bond. He was charged alongside five others — Police Constables James Mukhwana, Peter Kimani, John Ngige Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue — with the murder of teacher-cum-blogger Albert Ojwang early last month.
While revealing the recommendation in court on Wednesday, Justice Diana Kavedza explained that the probation report is unfavourable to all the accused persons as it recommends denying them freedom pending hearing and determination of the murder case.
Soon after the judge revealed this, defence lawyers led by Danstan Omari opposed it and applied for the release of the accused persons, arguing that the charge is bailable and that the suspects are not a flight risk.
The prosecution, however, opposed this, saying public interest dictates that the accused remain in custody pending determination of the capital offence.
The prosecution submitted that the accused are likely to get the death penalty upon conviction, which significantly raises the risk of absconding.
However, Mr Omari argued that Mr Talaam has served in the police force for 28 years and has no reason to abscond.
On fears that he could intimidate witnesses, Mr Omari produced a letter showing Mr Talaam had been relieved of his duties as a officer, arguing that he had no means to do so since he has left the National Police Service.
Justice Kavedza will deliver a ruling on whether to free the suspects on bond on September 26, 2025.
Activist disrupts Albert Ojwang murder case proceedings, later apologises to Justice Kavedza
Mr Ojwang was arrested on June 7, 2025, and booked at Mawego Police Station at around 2:30pm.
He was later transported to Nairobi and booked at Central Police Station at around 9:32pm by Mr Mukhwana, who held the keys to the cell.
At around 1:40am, Mr Ojwang was found unresponsive in a pool of blood inside the cell. He was rushed to Mbagathi Hospital and, after assessment, was pronounced dead.
A post-mortem conducted on June 10 stated that Mr Ojwang died of a head injury due to “blunt force trauma, neck compression, and multiple subcutaneous bruises all over the body.”
The killing sparked protests as Kenyans called for the prosecution of Deputy Inspector General of Police Eliud Lagat, who was the complainant that led to his arrest.
Deputy Inspector-General of Police Eliud Lagat. He stepped aside on June 16, 2025 over the death of teacher Albert Ojwang.
Photo credit: Nation Media Group
