Police Constable James Mukhwana has admitted that the death of teacher Albert Ojwang, who died in custody at Nairobi Central Police Station, was the result of a brutal assault but claimed the intention was not to kill him. In a statement to the Independent Policing Oversight Authority (IPOA), Mukhwana said Ojwang was only meant to be “disciplined” by remandees following instructions from a senior officer.
Ojwang was arrested on June 7 at his home in Homa Bay and later transferred to Nairobi. Mukhwana, who was on duty that night as a sentry officer, revealed that he facilitated the assault by giving Sh2,000 to four inmates to carry out the beating, allegedly at the behest of a superior. He said the money was used to buy alcohol for the attackers.
Mukhwana and Nairobi Central OCS Samson Talam have since filed a petition at the High Court challenging their detention, terming it unlawful. Through lawyer Danstan Omari, they argue that they were not on duty when Ojwang was officially booked and that the matter should proceed as an inquest under sections 385 to 388 of the Criminal Procedure Code.
Omari called for court intervention, stating that the current legal process infringes on their rights and undermines their previously clean service records. Meanwhile, Mukhwana expressed remorse over the incident: “I’m sorry for the death of Ojwang. May God help the family to heal from the loss. I know it is painful.”
