A Nairobi High Court has transferred a petition filed by the Central Officer Commanding Station (OCS) Samson Kiprotich Talaam, seeking to stop his detention and prosecution over the murder of teacher and blogger Albert Omondi Ojwang, to the Kibera High Court.
After his arraignment at the Milimani Law Courts on June 16, 2025, on a miscellaneous application by the Independent Policing and Oversight Authority (IPOA), OCS Talaam filed a petition at the Constitutional and Human Rights Division Milimani Law Courts seeking to stop his prosecution.
However, the Directorate of Public Prosecution (DPP) and IPOA made an application seeking to have the matter be heard and determined at the Kibera High Court, where other suspects on the same matter are being handled.
Justice Lawrence Mugambi granted the DPP and the IPOA their request, stating that handling the matter, which is already going on at the Kibera Court, may bring contradictory rulings since the accused were already charged at Kibera.
“The petitioners are already charged before the High Court in Kibera, any orders issued by this court may run cross-purpose with the proceedings before the Kibera Court. I hereby direct that this file be transferred to the High Court in Kibera for further directions,” Justice Mugambi ruled.
Murder hearing
OCS Talaam, Police Constable James Mukhwana and Peter Kimani alias Kim, John Ngige Gitau alias Kinara, Gin Ammitou Abwao alias Gilbeys, and Brian Mwaniki Njue were charged with the murder of Albert Ojwang.
The DPP charged the six with murder of teacher and blogger Albert Omondi Ojwang, contrary to Section 203 as read with Section 204 of the Penal Code, Cap 63 Laws of Kenya.
“The court is hereby informed by the Directorate of Public Prosecutions on behalf of the Republic that the above-named accused persons are charged with murder contrary to Section 203 as read with Section 204 of the Penal Code,” part of the court documents read.
According to the DPP, the accused, jointly with others not in court, are said to have committed the crime on the night of June 7, 2025, and June 8, 2025, between 9:30 PM and 2:00 AM at the Central Police Station within Nairobi County.
Justice Diana Kavedza, on June 24, 2025, ordered Talaam and the four other accused of killing blogger and teacher Albert Ojwang to remain in prison pending a pre-bail report to be availed in court before she can deliver her ruling on their bail application.
Further, the court ordered that, while in prison, all the accused be escorted for mental assessment for the purpose of establishing whether they are fit to stand trial.
However, Justice Kavedza directed that Police Constable James Mukhwana be detained at Capitol Hill station following a request by the state to complete investigations against him over the murder of Ojwang.
“l hereby direct the 1,3,4,5, and 6 accused persons to be remanded at Industrial Area Prison remand, while the second accused to be detained at Capitol Hill Police Station until July 30, 2025, pending a pre-bail report,” Justice Kavedza ruled.
