Rules Police Violated During Transfer of Albert Ojwang from Homa Bay - LSK

The Law Society of Kenya (LSK) has raised concerns regarding the conduct of the police in transferring Albert Ojwang from Homa Bay to the Central Police Station in Nairobi.

In a statement dated Monday, June 9, LSK noted that the police violated regulations on the arrest and transfer of persons from one police station to another.

In particular, the lawyers stated that the officers ought to have obtained orders from the court to allow them to transfer Ojwang from Homa Bay to Nairobi.

"The National Police Service Standing Orders unequivocally set out the process for station-to-station transfer of arrested persons. Chapter 15 of the Standing Orders requires that when an arrested person is wanted at another police station, a report of the arrest of such person must first be made to a Magistrate and an application to remand and transfer the person made.

"We are certain that no Magistrate sat on the night of 7 June 2025 to grant the Police permission to transfer Mr. Albert Ojwang from Mawego Police Station to Central Police Station, Nairobi," read the statement in part.

According to LSK, Ojwang was arrested in Homa Bay and booked at the Mawego Police Station. Therefore, the lawyers stated that Ojwang needed to have been charged within the locality.

"Evidently, the failure to adhere to the law and due process discloses the ill-will, bad faith, and malice in the arrest of Mr. Albert Ojwang," LSK wrote.

"Accordingly, we oppose any proposition that his death was an accident or that it can be justified. The entire predicament encountered by Mr. Ojwang prior to his death is consistent with a criminal conspiracy, which must be fully investigated and prosecuted."

Equally, LSK has called for the Deputy Inspector General of Police, Eliud Lagat, to recuse himself as investigations are conducted.

This is after Inspector General of Police Douglas Kanja confirmed that Lagat was the complainant in the case.

"The Law Society of Kenya has consistently raised concerns over the safety of detainees while in police custody, and the trend of abuse and mistreatment that has characterized Kenyan police cells. In particular, we have sounded grave apprehension over the Central Police Station in Nairobi, which has been a poster boy for police brutality and overreach," LSK added.

"This must come to an end. Further, we note that previously, the Council of the Law Society of Kenya had raised concerns with the Inspector General of Police against Nairobi Central Police Station for being violators of the rights of arrested persons. We call upon the IPOA to expeditiously investigate the concerns raised and keep Kenyans apprised of the outcome of the investigations."