EXPLAINER: What the law says about police transfers and custody

The death of Albert Ojwang while in police custody at Nairobi's Central Police Station has triggered public outrage, with his family and many Kenyans demanding answers over the events that led to his death.

Ojwang had travelled to Homa Bay to visit his family when he was arrested in Kakot. He was later transferred to Nairobi, where he died while still in custody.

His sudden death has raised serious concerns about whether due process was followed during both his arrest and the transfer.

According to Kenya’s Constitution and the Criminal Procedure Code, any person arrested must be informed of the reason for their arrest, presented before a court within 24 hours, and treated humanely during their time in custody.

They are also entitled to communicate with an advocate or a person of their choice. Legal experts now question whether these procedures were followed in Ojwang’s case.

Advocate Lempaa Suyianka said the suspect should have been booked at a local police station near the place of arrest and that the officers involved were expected to follow the law as outlined in Article 49 of the Constitution.

"There is what we call geographical jurisdiction, and the geographical jurisdiction, in this case, of the alleged crime is in Migori," he said.

Suyianka also explained that the alleged offence was a misdemeanor, which did not justify a transfer to another police jurisdiction.

You can be transported in the case of a felony from anywhere. In the case of Ojwang, a felony was not committed as this was simply a matter of sending a message to someone,” he said.

He added that even in cases involving felonies, the suspect should first be taken to court in the area of arrest.

If the police want to transfer the suspect to another location, they must seek permission from the court and provide valid reasons for the transfer.

If the court finds the reasons valid, it may give a directive to allow the transfer.

Before such a transfer is done, the receiving police station must be informed in advance.

This step ensures that there is proper coordination, a clear record of movement, and that the suspect’s rights are upheld.

With Ojwang’s death now under scrutiny, many are calling on authorities to explain whether these legal steps were followed and to ensure accountability for what happened.