The High Court has been asked to deny bail to six suspects, including Central Police Station OCS Samson Taalam and Constable James Mukhwana, who are charged with the murder of blogger Albert Omondi Ojwang.

The Director of Public Prosecutions, represented by Senior Assistant DPP Duncan Ondimu, told the court that the suspects face a possible death sentence, making them flight risks if released.

"This court must consider the gravity of the offence and the likelihood that the accused persons will fail to return for trial," said Ondimu. He also pointed out that the fourth accused, John Ngige Gitau alias Kinara, is a declared deserter from the National Police Service. "

He has already shown disregard for lawful authority and is unlikely to submit to the jurisdiction of this court," he added.

The DPP also warned that the suspects could threaten public order and undermine the ongoing investigations.

Ondimu told the court that the accused, having worked at Central Police Station where Ojwang died, still had strong internal links that could be used to intimidate witnesses.

"This is not just about their liberty; it's about upholding public confidence in the rule of law," he submitted.

Ondimu further argued that holding the suspects in custody would not only protect the integrity of the case but also safeguard the accused themselves.

"Given the outrage surrounding the incident, it is in their interest that they remain in custody for the duration of the trial," he said.

Law Society of Kenya president Faith Odhiambo, appearing for the victims, backed the DPP’s argument and urged the court to consider the full context of the case.

"The likelihood that the accused may fail to attend court, the safety of the victims, and even the protection of the accused, where necessary," she submitted.

Odhiambo stressed that the seriousness of the crime and the strong public reaction must be part of the court's considerations.

"Looking at the public interest, the gruesome murder of Albert Ojwang, should be weighed to visa vee the right of the accused...The manner in which it has raised public interest, we have seen the demonstrations due to the murder of Ojwang," she said.

However, the defence dismissed the prosecution’s arguments as vague and unsubstantiated. They told the court that there was no evidence to suggest that the accused would interfere with witnesses or flee.

They also questioned the use of public interest in denying bail, saying the term has no fixed legal meaning and could be misused.

"The allegations by the state that Taalam can only be safe while in police custody are unfounded, they said there was no material evidence presented before the court to show that the accused persons would interfere with witnesses," they argued.

The court has not yet issued a ruling on the bail application.