Kenyan Policemen Held in Custody Over Death of Albert Ojwang

According to the oversight body, Mukhwana was in charge of the jail cell keys at the police station on the night Ojwang was allegedly tortured to death. “Investigations also revealed that Mukhwana and other suspects at large were likely involved in a deliberate cover-up by tampering with CCTV footage at Central Police Station,” the IPOA said in its application to the court.

A total of three people are now in custody, including the Officer Commanding Station (OCS) at Nairobi Central Police Station, Samson Talaam, who was arrested earlier today after a search that lasted just over a day. Talaam was fingered as a prime suspect by investigators after the Director of Criminal Investigations, Mohamed Amin, told the Kenyan Senate on Wednesday that the police OCS refused to book Ojwang. Talaam immediately rejected Amin’s claims and stuck to the now-debunked statement that his officers found Ojwang with self-inflicted injuries in his cell.

Per local media, 23 people have been interrogated in connection with the case, including 17 police officers. One of the interrogated civilians is a technician who admitted to being paid Ksh3,000 ($23) to delete and format footage from the night Ojwang died.

Meanwhile, a group of petitioners has applied for the removal of Deputy Inspector General of Police EliudLagat as investigations continue. “DIG Lagat, being the initial complainant in the cybercrime case, should be a person of interest in the resulting death, and that his continued presence in office poses a serious conflict of interest and could lead to interference with investigations,” the petitioners stated.

The shift comes after Police Inspector General Douglas Kanja publicly retracted the original explanation, admitting during a Senate hearing that Ojwang did not die by suicide. The Independent Policing Oversight Authority is leading the ongoing investigation and has named five officers involved in Ojwang’s arrest.

Interior Minister Kipchumba Murkomen told senators that those responsible would face justice without interference. "We are committed to ensuring that everyone who was involved in the crime is brought to justice expeditiously and that no interference from any quarter is brought to bear on the investigation," he said.

The autopsy was conducted on Tuesday, June 10, and pathologist Dr. Bernard Midia told the press that Ojwang sustained injuries consistent with assault, not self-harm. “The cause of death is very clear — a head injury, neck compression, and other injuries pointing toward assault,” Midia said, adding that “multiple soft tissue injuries were spread all over the body.”

Kenya’s National Police Service (NPS) released a statement on Sunday, June 8, saying Ojwang “sustained head injuries after hitting his head against a cell wall” while in custody, and police officers on duty rushed him to a hospital, “where he was pronounced dead on arrival.” However, the results of the autopsy contradict the police’s statement and strengthen the case of many who believe Ojwang died from torture.

On Monday, June 9, dozens of protesters marched to the Central Police Station in the capital city, Nairobi, calling for transparency over the circumstances that led to Ojwang’s death. Police officers responded with tear gas.

On Friday, June 6, Ojwang was arrested in Homa Bay while visiting his rural home. The Voi-based teacher, who became a father earlier this year, was moved at night over 350km to Nairobi, where he was booked under the charge of false publication.

Speaking to reporters on Monday, Kanja stated that Ojwang and several others were arrested by officers of the Criminal Investigation Department (DCI) following a complaint filed by Lagat, who alleged that his name was being “tarnished.” Ojwang was arrested over a post on X that allegedly criticized Lagat.

The Independent Policing Oversight Authority (IPOA) has launched investigations into Ojwang’s death. In a statement signed by IPOA Chairperson Ahmed Issack Hassan, the agency says it has recorded statements from five DCI officers, adding that it is committed “to conducting investigations that are independent, impartial, fair and free from influence.”

However, there are long-standing worries about the effectiveness and efficiency of the IPOA’s proceedings. Following the late April release of BBC Africa Eye’s ‘Blood Parliament,’ an investigative documentary centered on the protesters shot outside Kenya’s parliament during last year’s anti-finance bill protests, the Law Society of Kenya (LSK) raised concerns over the slow pace of investigations into police brutality.

Ojwang’s death is the latest marquee event in a pattern of police repression, dating back to the fatal murders and injuries of Kenyan citizens during last year’s protests. There have also been many reports of activists being kidnapped by state forces, a trend Kenyan President William Ruto vowed to stop.

The IPOA is now under pressure to properly escalate its proceedings to ensure justice for those responsible for Ojwang’s death. “The relevant institutions, particularly IPOA, must ensure individual officers who are involved in this particular incident are brought to book,” Hussein Khalid, CEO of activist group Vocal Africa, said.

“And we are talking of everyone, from the individual who gave the orders for his arrest, those who went for him, and those who were present during his detention in the police cells. All these individuals must be brought to book.”