The High Court has restricted the Law Society of Kenya’s (LSK) access to evidence in the ongoing murder trial of blogger and teacher Albert Ojwang, who died in police custody.
As the case proceeded on Thursday before Justice Diana Kavedza, the LSK’s representative requested the court to supply them with medical documents. This request sparked a debate over exactly how much material the society should receive in the high-profile matter.
Gikui Gichuhi, the counsel for the Director of Public Prosecutions (DPP), raised objections to the release of these specific records. These reservations prompted Justice Kavedza to step in and define the boundaries for the LSK’s involvement. While the judge acknowledged that the LSK represents the public interest in such trials, she moved to balance that role with the confidentiality of the prosecution’s full file.
Ultimately, the judge ruled that while the society deserves what she termed reasonable access, it does not have a right to every piece of evidence held by the state. She drew a firm line on the limits of their participation, noting, “They can be granted reasonable access to evidence, but not all evidence.”
The court received an update from the legal team of former Nairobi Central OCS Samson Talaam, one of the accused in the matter. His lawyer informed Justice Kavedza that the facility had discharged Talaam following his treatment at Kenyatta National Hospital (KNH). This medical update follows a previous adjournment where the court paused the proceedings to allow the former officer to seek specialized care.
Talaam’s counsel had earlier explained that his client’s health had deteriorated over several weeks, necessitating urgent assessments and tests by specialists at the national referral hospital. At the time, the prosecution raised no objections to the delay, leading the court to order that authorities escort Talaam to KNH and file a formal medical report once the examination concluded.
With the accused now discharged, Justice Kavedza ordered that the medical records be submitted to the court and made available for review.
The case now moves toward its next phase with new hearing dates starting July 20, 2026. On that date, the court expects the first group of witnesses to take the stand and begin their testimony.
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