Central Police Station in Nairobi where Albert Ojwang is reported to have died.
The reported death of Albert Ojwang “while in police custody” has sparked national concern and rekindled memories of similar tragedies that have occurred across Kenya in recent years.
Police said Ojwang, who was arrested at his home in Kakoth, Homa Bay County, died hours later while in a cell at Nairobi Central Police Station. Ojwang was initially taken to Mawego Police Station before being transferred to Nairobi.
A signpost of Mawego Police Station where Albert Ojwang was briefly held before being transferred to Nairobi.
According to Inspector General of Police Douglas Kanja, the complaint originated from his deputy Eliud Kipkoech Lagat who allegedly took offense at Ojwang’s online post.
Police later claimed that Ojwang hit himself against a wall at the police station and died after being rushed to Mbagathi Hospital.
Ojwang’s case is not isolated.
Kenya has witnessed numerous deaths in police custody prompting rights groups to question law enforcement’s commitment to upholding human rights.
According to an analysis by the Nation, at least 20 known people have died in police custody since 2013—with all but one being male.
Most of these cases receive fleeting attention and rarely result in accountability.
On May 29, 2024, Zipporah Muteti lost her one-and-a-half-year-old baby at Kambuu Police Station in Makueni County during a debt collection case.
While arresting Muteti, an officer allegedly attempted to slap her but struck the baby instead. Despite the child crying in pain, officers refused to allow medical attention. Both mother and baby were locked in a cell where the toddler later died.
Two months ago, Timon Otieno was arrested and detained at Othoro Police Station in Rachuonyo East Sub-County for allegedly vandalising security lights at Wang’apala Secondary School.
His father John Ogwang went to visit him the following day, only to be informed that his son had died.
Death in police custody
“The police said he committed suicide but my son had visible body injuries,” Mr Ogwanga said.
Timon’s brother Harun Otieno also disputed the police version.
“He had injuries on his chest and legs. It doesn’t make sense and we want justice,” said Mr Otieno.
Even foreign nationals have not been spared. In 2012, Alexander Monson, the son of a British aristocrat, died at Diani Police Station after being arrested for alleged marijuana possession.
Four officers—Naftali Chege, Charles Munyiri, Ismael Barak and John Pamba—were eventually convicted of manslaughter. In 2021, Judge Eric Ogola sentenced them to between 9 and 15 years in prison.
This remains one of the rare cases in Kenya where police officers have been successfully prosecuted over a custodial death.
According to a study published in the Kabarak Law Review by Marion Jeluget, deaths in police custody are a major social justice concern in Kenya.
She defines custody as confinement by the State including during arrest or detention, where a person is not free to leave at will.
“Death in custody refers to the death of an individual while in the hands of the state or its agents,” she writes. “The police are guided by the Constitution of Kenya (2010), the Criminal Procedure Code (CPC) Cap 75, the National Police Service Act (No. 11 of 2011), and the National Police Service Standing Orders.”
She explains that while police may use “reasonable and proportional” force during arrests, they are still obligated to protect those in custody. The law demands lawful conduct in every step of the arrest and detention process.
Security analyst George Musamali emphasises that it is the police’s legal and moral obligation to safeguard individuals in custody.
“The Criminal Procedure Code is clear when someone is arrested, it is the duty of the police to ensure their safety. If anything happens to a suspect in custody, the State must take full responsibility,” Mr Musamali explained.
He adds that any form of physical harm or death during detention should immediately trigger an independent investigation.
