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The High Court has declined to grant bail to former Nairobi Central Police Station OCS Samson Kiprotich Talaam and five other senior officers charged with the killing of a blogger inside the station.
In her ruling, Justice Diana Kadveza ordered that the accused remain in custody until key witnesses, particularly those serving within the police force, testify in the ongoing trial. The court held that there were legitimate fears of interference with crucial witnesses and evidence.
Justice Kadveza noted that despite claims by the first and second accused of having been interdicted, they still maintained connections and influence that could compromise the integrity of the trial. She pointed out the risk of tampering with CCTV footage and emphasized that the concerns raised were not speculative but genuine.
While acknowledging that bail is a constitutional right under Article 49, the judge stated that it is not absolute. She underscored that the seriousness of the charge, coupled with the high profile of the accused, heightened the likelihood of absconding trial.
“The gravity of the offence of murder, coupled with the high profile of the accused, increases the risk of flight and interference,” the court observed.
The defence had argued that no material evidence had been presented to prove possible interference with witnesses or tampering with evidence. However, the judge ruled that the balance of public interest and national security outweighed the accused persons’ right to personal liberty at this stage.
The case has drawn nationwide condemnation and sparked demonstrations, with the court describing it as a matter of significant public concern that requires a careful balance between justice and order.
The bail application was therefore dismissed, with Justice Kadveza directing that the accused remain in custody until witnesses based at Nairobi Central Police Station testify.
Additionally, the court placed two witnesses under protection, including voice distortion measures, to safeguard their identities and safety.
