A Nairobi court has ordered the detention of Police Constable James Mukhwana for 21 days over his alleged involvement in the murder of teacher and blogger Albert Ojwang, whose death in police custody has sparked national outrage.

Milimani Senior Principal Magistrate Robinson Ondieki said the matter is of public interest and granted the Independent Policing Oversight Authority (IPOA) more time to complete investigations.

“The train of technology has taken off, and it’s not coming back. The case is already taking shape. The notice of motion of June 3 succeeds in total, the respondent shall be held in custody for 21 days, including working days and weekends,” ruled Ondieki.

Ojwang was arrested from his father’s home in Homa Bay and taken to Mawingu Police Station, then later transferred to Central Police Station in Nairobi.

He was booked in, only to be found dead in the cell hours later. His body was later moved to Mbagathi Hospital, where he was declared dead before being taken to the mortuary.

IPOA, through senior assistant director of investigations Abdirahaman Jibril, told the court that Mukhwana and others still at large were likely involved in planning and executing the fatal assault that led to Ojwang’s death in custody.

Investigators revealed that Mukhwana was in charge of the cell keys at the time of the incident.

The court also heard that the suspects may have tampered with surveillance footage to cover up the crime. “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,” IPOA stated.

According to an IPOA report filed on June 8, investigators found the CCTV system at the station had been interfered with.

The power cable to the DVR had been disconnected, and logs showed that the operating discs were removed and formatted within minutes.

Mukhwana, who was arrested on June 12 and is based at Central Police Station, was booked at Capitol Hill Police Station. IPOA argued that releasing him would jeopardise the ongoing investigation.

They said he might interfere with witnesses, tamper with records and evidence, or compromise forensic work on his mobile phone.

The oversight body also warned that Mukhwana’s release could endanger his safety, citing widespread public anger over Ojwang’s death. “

Albert's murder is of grave public importance and the interest of justice and the dictates of the rule of law that Mukhwana is detained to allow the completion of independent and impartial investigations,” IPOA submitted.

However, defence lawyers Danstan Omari, Stanley Kinyanjui and Sophie Nekesa challenged the detention, arguing that investigators did not need to hold Mukhwana to retrieve CCTV footage or obtain documents and perform forensic analysis.

Despite the objections, the court found grounds to detain Mukhwana, underscoring the weight of the case and the demand for justice surrounding Ojwang’s death in police custody.