The Milimani Magistrates’ Court has ordered the detention of Nairobi Central Police Station Officer Commanding Station (OCS), Samson Talaam, for 15 more days to allow investigators to complete their probe into the death of blogger Albert Ojwang, who died while in police custody.
Delivering the ruling, Magistrate BenMark Ekhubi noted that the prosecution had established compelling reasons to deny Talaam bail. Among the concerns raised were credible indications of possible interference with the investigation, including suspected tampering with the crime scene and CCTV footage.
The magistrate also addressed the phenomenon known as the “blue code of silence” — an unwritten rule among police officers to protect one another. Ekhubi observed that such practices are common even in well-established democracies like the United States, and warned that Talaam’s seniority and extensive experience in the force could facilitate witness intimidation or obstruction of justice.
While the prosecution argued that Talaam’s continued detention was necessary for his own safety, the court dismissed this reasoning. Ekhubi pointed out that public protests and outrage had persisted regardless of Talaam’s detention status, and held that public demonstrations alone were not sufficient grounds to justify holding him in custody for protection.
The magistrate began his ruling with a somber reflection, drawing a powerful parallel with the 1994 Rwandan genocide. Quoting a chilling reminder from that period, he said:
“I point out and shudder for my country what has happened during the demonstrations. I remind my country of the words spoken in Rwanda during the genocide: ‘Never again.’”
Magistrate Ekhubi concluded that the prosecution had made a strong case regarding the risk of witness interference and subsequently directed that Talaam remain in custody for 15 more days as investigations proceed.
