His mother, Nevinina Onyango, tried to calm him with a packet of milk in vain.
The boy sat in court, his eyes drifting away from the suited men and women locked in endless exchanges. He could not comprehend, let alone endure, the words being traded — nor could he make sense of the six men seated across from him, each accused of killing his father.
His grandparents, Meshack Ojwang and Eucabeth Adhiambo, sat beside him, watching intently as the accused — Central Police Station Officer Commanding Station (OCS) Samson Kiprotich Talam, and constables James Mukhwana, Peter Kimani, John Ngige Gitau (alias Kinara), Gin Ammitou Abwayo (alias Gilbeys), and Brian Mwaniki Njue — stood to deny the charge of murdering Fredrick Ojwang.
Presiding over the matter, Justice Diana Kavedza gestured with her hands, mimicking a weighing scale, as she explained to Ojwang’s parents and widow that they should harbour no ill will towards the defence lawyers. “I am the umpire in this trial,” she said.
When it was time to plead, the six accused men responded “not guilty” in a near-harmonious chorus. Talam offered a tenor; Gilbeys followed in an alto. Their voices signalled the beginning of a fierce legal contest, one side led by a team of prosecutors, the other by a formidable defence, disputing whether the suspects should be remanded or released on bond.
The wooden benches of the courtroom were unforgiving. Kinara, who Senior Assistant DPP Duncan Ondimu claimed had deserted the police service, fidgeted constantly, shifting from side to side in discomfort. Mwaniki rocked back and forth, perhaps in a bid to ease the pressure.
Talam, meanwhile, appeared calm, his back seemingly unbothered by the hard bench. At one point, he bowed his head and closed his eyes, either deep in thought or drifting into sleep — a position he maintained until Justice Kavedza called for a 10-minute recess at around 2:30pm.
Prosecutor Victor Owiti told the court the State was opposed to the suspects being released on bond, referencing an affidavit filed by Independent Policing Oversight Authority (IPOA) Principal Investigations Officer Justin Nyatete.
The Law Society of Kenya (LSK), represented by its President Faith Odhiambo, as well as Ojwang’s family, aligned themselves with the prosecution. “It’s rare, but for once we are in agreement with the DPP. We are opposing bail,” said Odhiambo.
In response, lawyer Danstan Omari requested that Nyatete be placed on the stand for cross-examination over his affidavit.
What followed was a two-hour exchange of arguments between the prosecution team, led by Ondimu and Owiti, and the defence, including Omari, Cliff Ombeta, and Shadrack Wambui.
