NAIROBI, Kenya – The High Court has directed prosecutors in the Albert Ojwang murder case to further reduce the number of witnesses, warning that an overly long list could delay the high-profile trial for years.
Justice Diana Kavedza issued the directions on Monday during a pre-trial mention at the Kibera High Court after the Independent Policing Oversight Authority (IPOA) indicated it plans to call 28 witnesses.
While acknowledging the strong public interest surrounding the case, the judge said efficiency and credibility must take precedence over the volume of testimony.
“Credibility of evidence is more important than the volume,” Justice Kavedza said, cautioning that courts do not require dozens of witnesses to establish criminal liability.
She directed the prosecution to narrow the list to 24 witnesses, noting that with six defence advocates on record, extensive cross-examination could significantly slow proceedings if the witness list remains lengthy.
Justice Kavedza observed that under the court’s current scheduling, a maximum of three witnesses can be heard per day.
At that pace, she warned, a trial involving 28 witnesses could stretch close to two years, depending on the complexity of cross-examination.
The judge instructed the investigating officer to work closely with IPOA to streamline the prosecution file and retain only witnesses whose evidence is essential to proving the charges.
“You do not need 100 witnesses to prove a case,” she said, adding that she had previously convicted in cases supported by a single credible witness alongside medical evidence.
The prosecution told the court that the witness list had already been reduced, but the judge insisted that further trimming was necessary to ensure the trial proceeds expeditiously.
Justice Kavedza further noted that the presence of multiple defence lawyers would inevitably prolong the trial unless strict case-management measures are applied.
She emphasised that the Ojwang case would be subjected to tight timelines once the hearing begins, citing growing pressure on the judiciary to reduce delays in criminal trials and deliver timely justice.
The court also stressed the importance of supplying key CCTV footage capturing events surrounding Ojwang’s death before hearing dates can be fixed.
“Without the CCTV, we cannot set hearing dates. I am sure you are all anxious to know what transpired,” the judge said.
A further pre-trial conference has been scheduled for January 27, 2026, to confirm the prosecution’s readiness.
Teacher and blogger Albert Ojwang died while in police custody on June 8, 2025. Former Nairobi Central OCS Talaam and five other individuals have been charged in connection with his death and are facing trial before the High Court.
