The High Court in Kibera Tuesday declined to release on bail six people accused of killing Albert Omondi Ojwang while he was in custody at Central Police Station in Nairobi.
Lady Justice Diana Kavedza ruled that releasing the accused at this stage would risk reigniting public unrest, following the widespread protests and destruction of property sparked by Ojwang’s death, including the burning of Mawego Police Station.
“The release of the accused at this stage would risk aggravating public tension, with the potential for renewed unrest,” Justice Kavedza said.
She said that the matter remains highly sensitive and continues to evoke strong public sentiments.
The six accused are Samson Kiprotich Talaam, the Officer Commanding Station (OCS) at Central Police Station, police constables James Mukhwana and Peter Kimani, John Ngige Gitau, reported as a former GSU officer and civilians Gin Ammitou Abwao and Brian Mwaniki Njue.
Justice Kavedza further ruled that no set of bail conditions could sufficiently address the risks of instability or the perception that justice was being compromised.
She added that the demonstrations had revealed a real risk of witness interference, particularly in relation to the first, second, and third accused.
The court found that the scale of public unrest and destruction provided compelling reasons to deny bail to all six accused.
However, the judge allowed the defense to make a fresh bail application once key civilian witnesses and police officers from Central Police Station have testified.
“The application for bail is therefore declined at this stage, parties are at liberty to make a fresh application for bail once key civilian witnesses and police officers from Central Police Station have testified,” ruled the court.
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