A group of activists has filed a petition at the High Court seeking to stop the prosecution of officers charged in the murder of Albert Ojwang, arguing that the real suspect—Deputy Inspector General of Police Samson Lagat—has been shielded by top government officials in an alleged cover-up.

The petition, which names President William Ruto, the Director of Public Prosecutions (DPP), the Independent Policing Oversight Authority (IPOA), and the National Police Service (NPS) among others as respondents, accuses them of being part of a coordinated effort to protect Lagat from criminal liability.

The activists say Ojwang’s death inside the Nairobi Central Police Station was not a suicide, as initially claimed by police, but a premeditated murder facilitated by high-ranking officers, including Lagat.

“In the aftermath of the horrendous murder of Albert Ojwang, the leadership of the NPS issued a statement alleging that he had committed suicide by knocking his head on the wall where he was being detained at the police station. The purported suicide theory was later discredited by a postmortem report that ruled out suicide as the possible cause of death,” Mungai told the High Court.

They now want the court to suspend ongoing trials at the Kibera High Court involving several junior officers until their petition is heard and determined.

"The inconsistent and contradictory decisions made by and actively taken by the (IPOA and DPP) have transgressed the legitimate expectations of the petitioners and other Kenyans that, at the very minimum, justice for Ojwang will include the prosecution of the main suspect," the activists said.

The petitioners also want a conservatory order barring Lagat from resuming office for the duration of the case, warning that allowing him back could interfere with the course of justice.

The court papers further cite a complaint filed by Lagat against Ojwang prior to his death, and allege that the DIG orchestrated Ojwang’s arrest, detention and assault through the then OCS of Nairobi Central Police Station.

“The petitioners aver that the said suicide theory was invented and canvassed, in a cruel scheme by the government of Kenya and senior security officials to shield Langat from facing accountability and responsibility for the death of Onjwang,” the court was told.

Also listed as respondents are Inspector General Douglas Kanja, DCI Director Mohamed Ibrahim Amin, Interior Cabinet Secretary Kipchumba Murkomen, and several police officers, including former Central Police OCS Samson Talaam and constables James Mukhwana, Peter Kimani, John Ngige Kitau, Gin Ammitou Abwao and Brian Mwaniki Njue.

The activists are urging the court to intervene and stop what they termed as an ongoing miscarriage of justice, accusing authorities of sacrificing low-ranking officers while protecting those at the top.

They also questioned why President Ruto did not interdict Lagat during the investigations, contrary to normal practice and legal provisions.