Opposition leaders: Questions the State must answer on Ojwang’s death

The United Opposition has demanded a full explanation from the government over the death of 31-year-old teacher Albert Ojwang, who died in police custody under unclear circumstances just days after being arrested in Homa Bay.

In a  statement delivered Wednesday at the SK Command Centre, opposition leaders listed a number of questions they want answered urgently, saying the death points to a worrying pattern of state abuse. Ojwang, a Kiswahili and Religious Studies teacher based in Voi, was arrested on June 7 in Kakot, Homa Bay, allegedly over a social media post critical of Deputy Inspector General of Police Eliud Lagat.

According to the opposition, police initially assured Ojwang’s family that he was safe and only asked them to bring him a coat “because Nairobi was cold.” Less than 48 hours later, however, he was pronounced dead at Mbagathi Hospital.

“This is no ordinary gathering,” the United Opposition said.
“Albert’s family has questions. We have questions. Kenyans have questions. And the international community has questions.”

Was a formal complaint made?
The coalition is demanding evidence of a formal complaint made by DIG Lagat, including the date, time, police station, and occurrence book number.

“Was due process followed in the arrest of Albert Ojwang?” they asked.

Why was Ojwang moved from Homa Bay to Nairobi?
The opposition wants to know why Ojwang was transferred over 400 kilometres to Nairobi Central police station and has demanded the names and ranks of the officers involved in the transfer.

Where is the CCTV footage?
Nairobi’s Central police station is fitted with CCTV cameras, and the leaders have asked for the immediate release of any footage from the time Ojwang arrived at the station.

“If there is footage, it must be released immediately. If there is none, then who ordered the cameras switched off?” they queried.

Who inflicted the injuries?
According to the opposition, Ojwang was healthy when he was arrested and had just had lunch with his family. However, he reportedly arrived in Nairobi with visible injuries.

They said there are 26 unaccounted hours between his arrest in Homa Bay and his arrival in Nairobi.
“We demand to know who brutalised him,” the statement read.

Was Ojwang held in solitary confinement?
The leaders also raised concern about whether Ojwang was placed in solitary confinement and, if not, asked for the full cell register to identify who else was held with him.

"Why was Albert considered a high-risk criminal? If he was not in solitary confinement as alleged, who were his cellmates and how many were there?”

Why is Ipoa investigating the death instead of DCI?
The opposition criticised the DPP’s move to assign the case to the Independent Policing Oversight Authority, calling it a “diversionary tactic.”

"The mandate of the DPP under the Constitution of Kenya is to direct the National Police Service and the Directorate of Criminal Investigations," they said.

Will DIG Lagat be held accountable?
The opposition said that 24 hours after their statement, DIG Lagat should have already stepped aside.

“The postmortem on Ojwang is clear. He was murdered,” they said.

They also demanded witness protection for the junior officers involved in the case.
“We similarly demand that the junior officers currently being prosecuted be given witness prosecution with immediate effect. Their lives are in danger because they know the truth,” the leaders said.

Present during the statement were Wiper Party leader Kalonzo Musyoka, DAP-K leader Eugene Wamalwa, former Deputy President Rigathi Gachagua, DP chairman Justin Muturi, and several opposition MPs, senators, and county officials.