Police constable James Mukhwana in court during the ruling of his application over the death of Albert Ojwang’ /EZEKIEL AMING’A
A Nairobi court has ordered that police constable James Mukhwana be held for 21 days pending investigations into the death of blogger and teacher Albert Ojwang’.
Milimani senior principal magistrate Robinson Ondieki said the detention period would run from June 13, including weekends and public holidays.
The magistrate ruled that parties were at liberty to apply for review should circumstances change.
He cited Article 60 (3) of the Rome Statute of the International Criminal Court, which states the Pre-Trial Chamber shall periodically review its rulings on the release or detention of a person and may modify its decisions based on changed circumstances.
The seriousness of the matter justified the limitation of Mukhwana’s right to liberty under Article 24 (1e) of the constitution.
In scathing remarks, the court likened the holding cell to a morgue and the police vehicle to a hearse, which was used to transport Ojwang’s body to City Mortuary via Mbagathi Hospital for certification.
The magistrate noted that the officers involved appeared to have been seeking ways to cover up their actions and drew parallels between Ojwang’s death and the killing of George Floyd in Minneapolis, USA.
Ondieki added that the incident was a reminder of the injustices and tragedies suffered by the youth, warning that such evils were becoming increasingly frequent.
“In a world full of information and connectedness, ignorance is no excuse, poverty is a sin, and prejudice is evil,” the magistrate said.
The Independent Policing Oversight Authority investigation reports and supporting affidavits showed the case was of great public interest, he observed.
Mukhwana is among police officers being probed by Ipoa over the death of Ojwang’ at the Central Police Station cells.
Deputy Inspector General Eliud Lagat has since stepped aside over the matter pending completion of investigations.
Lagat has also recorded a statement with Ipoa to aid in the investigations, given it was his complaint to the Directorate of Criminal Investigations that prompted Ojwang’s arrest.
Ojwang' was picked up from their home in Kokwanyo, Homa Bay county and moved to Nairobi where he died while in custody.
