The murder trial over the death of teacher and blogger Albert Ojwang took a dramatic turn at the High Court in Kibera after the Director of Public Prosecutions (DPP) alleged that the killing was carefully planned, while former Nairobi Central Police Station OCS Samson Talam challenged the legality of his arrest.
Opening its case, the prosecution told the court it would present evidence showing that Ojwang was deliberately assaulted while in police custody before attempts were allegedly made to conceal what had happened.
According to the DPP, medical evidence indicates that Ojwang suffered severe head injuries, neck compression, and multiple soft tissue injuries, which prosecutors argue are inconsistent with self-harm or a medical emergency. Instead, they claim the injuries point to a violent assault while he was detained.
The prosecution also alleged that evidence was tampered with after the incident, including the destruction of CCTV recordings from the police station, in an attempt to interfere with investigations.
Talam is charged alongside police officers James Mukhwana and Peter Kimani. Three civilians—John Ngige Gitau, Jim Ambao, and Brian Njue—who allegedly shared a police cell with Ojwang have also been charged. All the accused have denied the charges.
Meanwhile, Talam has filed a petition seeking to stop the criminal proceedings. Through his lawyer, Danstan Omari, he argued that investigators failed to follow due process, insisting that a public inquest should have been conducted before murder charges were filed.
The former OCS also maintained that he was not on duty when Ojwang was detained, claiming he had delegated his responsibilities to his deputy. He further argued that his arrest was unlawful because it was carried out by a civilian officer from the Independent Policing Oversight Authority (IPOA) instead of a serving police officer.
The High Court directed Talam to serve his petition within three days before respondents file their responses.
Ojwang was arrested at his home in Homa Bay County on June 7, 2025, before being transferred to Nairobi, where he later died in police custody. His death sparked nationwide protests and intensified demands for accountability as investigations continue.