A Nairobi court has ordered that Police Constable James Mukhwana be detained for 21 days to allow investigations into the death of blogger and teacher Albert Ojwang’, who died while in police custody.
Milimani Senior Principal Magistrate Robinson Ondieki ruled that the detention period, which includes weekends and public holidays, will run from June 13.
The court, however, left room for review should circumstances change. Magistrate Ondieki referenced Article 60 (3) of the Rome Statute of the International Criminal Court, which allows for periodic review of detention rulings, and justified the limitation of Mukhwana’s right to liberty under Article 24 (1e) of the Kenyan Constitution, citing the gravity of the case.
Court Compares Ojwang’s Death to George Floyd’s KillingIn sharp criticism, the magistrate likened the police holding cell to a “morgue” and the police vehicle used to transport Ojwang’s body to a “hearse.”
The blogger’s body was taken to City Mortuary via Mbagathi Hospital for certification.
Ondieki noted that the officers involved appeared to be “seeking ways to cover up their actions” and drew parallels between Ojwang’s death and the killing of George Floyd in Minneapolis, USA, in 2020.
He warned that such incidents were becoming increasingly frequent and served as a grim reminder of the injustices faced by Kenyan youth.
“In a world full of information and connectedness, ignorance is no excuse, poverty is a sin, and prejudice is evil,” the magistrate stated.
The Independent Policing Oversight Authority (Ipoa) is investigating Mukhwana and other officers over Ojwang’s death at Central Police Station cells.
Meanwhile, Deputy Inspector General Eliud Lagat has stepped aside pending the probe’s conclusion.
Lagat, who recorded a statement with Ipoa, had initially lodged a complaint with the Directorate of Criminal Investigations (DCI), leading to Ojwang’s arrest.
Ojwang’ was arrested at his home in Kokwanyo, Homa Bay County, before being transferred to Nairobi, where he died in custody.
The case has sparked public outrage, with calls for accountability in police operations.
The court emphasized that the matter is of significant public interest, as reflected in Ipoa’s investigation reports and supporting affidavits.
