Kenyan Activists Demand Resignation of Senior Security Officials after Colleague's Death in Police Custody

Kenyan activists are demanding the resignation of senior security officials after an autopsy revealed that an activist’s death while in police custody was caused by assault. This finding contradicts the police’s earlier account, which claimed that he banged his head against the wall of his cell until he died. 

Albert Ojwang, a 31-year-old Kenyan blogger, was arrested in a town in western Kenya and transferred over 350km to the capital Nairobi last Saturday for allegedly posting “false publications.” 

Police Inspector General Douglas Kanja said in a press conference that Ojwang's arrest was based on a defamation complaint filed against him by deputy inspector general of the Kenya Police Service, Eliud Kipkoech Langat.

The next day, Ojwang was found unconscious in his cell at the Nairobi police station after allegedly purposely striking his head against the cell wall, according to an initial police statement. He was then moved to a hospital, where he was pronounced dead on arrival. 

“The cause of death is very clear; head injury, neck compression and other injuries spread all over the body that are pointing towards assault," according to state pathologist Bernard Midia who led the post mortem examination along with four other pathologists.

Appearing before the senate on Wednesday, police inspector general Kanja retracted the earlier police statement that claimed activist Ojwang died after hitting his head. “I tender my apology on behalf of the National Police Service for that misinformation,” he said.

Hussein Khalid, CEO of the Nairobi-based human rights group Vocal Africa, has called for the resignation of all senior security officials, he told OCCRP in an interview. Khalid is among the growing number of voices, including activists and senators, calling for Lagat’s arrest and prosecution for murder.

He added that four activists have already initiated legal action against Deputy Inspector General Lagat, who is suspected of ordering the assault. “Inspector General Kanja publicly stated that they received a complaint from [Lagat]. The ball started rolling from him. So we already know who is implicated,” said Khalid.

“No Kenyan should lose their life in police custody, and those entrusted with their protection. Police officers have a legal and moral duty to ensure the safety and well-being of every person under their custody,” said the Kenyan chapter of Amnesty International.

“From the onset, all events leading to the death of Mr. Ojwang wreak of illegality, malice and abuse of authority,” stated the Law Society of Kenya noting that the activist should not have been moved to Nairobi in the first place. 

Commenting on the questionable basis for Ojwang’s arrest, Dr Mugambi Laibuta, an advocate of the High Court of Kenya, noted that the charge of “publication of false information”, was introduced after the crime of criminal defamation was nullified. “In essence [the act] brought criminal defamation through the back door,” Laibuta told OCCRP.

In a statement, Kenyan President William Ruto condemned the death of Ojwang “at the hands of the police,” denouncing “the actions and omissions, including any negligence or outright criminality,” that led to it.

In the wake of Ojwang’s death, protesters took to the streets of Nairobi near the police station where Ojwang died. Kenyan police reportedly tear-gassed activists who were demanding justice for Ojwang.

Ojwang’s death coincides with the anniversary of the 2024 demonstrations that demanded Ruto's resignation. The anti-government demonstrations were sparked by the parliament passing a controversial finance bill, corruption and youth unemployment.

In the aftermath of the national uprising, dozens of activists and government critics have gone missing, with Kenyan security forces accused of being behind the disappearances.

Ruto was voted the second most corrupt person of 2024 in the OCCRP's Corrupt Person of the Year award by over 40,000 people.