The tragic death of Teacher and blogger Albert Ojwang in the hands of police is and remains a sad reminder that without following the Law, this country can be at the precipice.
Since he was arrested from the safe havens of his Homa Bay home in the presence of his father, mother, wife and young child and the difficult-to-explain circumstances under which he was moved the capital city, Kenya has not been the same.
The eventual death of the young pedagogue has drawn fury and wrath that has captured the mood and attention of the entire nation.
It is true that no amount of apologies, condolences nor explanations will bring the young man back to life, but it is a good thing that the Independent Police Oversight Authority (IPOA) has moved in swiftly to apprehend most of those implicated in his gruesome murder.
One of those is the police on duty PC Mukhwana who in his sworn affidavit has claimed his was to obey orders.
Orders he alleges, were given to him by the Officer Commanding Station (OCS) at Central Police Station Samson Talam, by way of phone communication.
Reports indicate that he even claimed he was under pressure to have the blogger discipline or he himself would face the music.
According to him, he takes commands from his bosses even though the commands might be illegal orders.
But the Standard Police Orders section 106, demands officers not only to be diligent but only take orders that are legal and within the Law.
Adrian Oluoch on his Tiktok account has posted a video that explains that police cannot use the “Order from Above” maxim in defense where they carry unlawful and illegal orders ostensibly from their bosses.
Syvia Wanjohi was handed 24 years in prison after Lawyer Kimani among others were found dead in a case where a senior police officer connived with others to murder the counsel and witnesses in protracted case.
The junior officer Wanjohi, pleaded for leniency saying that she was ordered by the Senior Sergent not to registers the detained lawyer in the Occurrence Book.
The family of the deceased lawyer rejected this difference and the judge agreed.
PC Mukhwana, in custody, broke his silence revealing chilling details about what transpired on the night of June 7, 2025, while Ojwang’ was held at the Central Police Station.
Mukwana had stated that Ojwang’ was booked into custody at around 9:20 p.m. and immediately the on him assault began inside the last cell opposite the toilets with four inmates—Collins Ireri, Gil Amiton, Brian Mwaniki, and Erick Ndambuki being instructed to carry out the beatings.
He together with PC Kimani rushed in to stop the torture as Ojwang’ was bleeding and leaning against the wall.
According to his statement, Mukhwana says he immediately asked the Deputy OCS, Samuel Nganga, to take Ojwang’ to hospital
All the four inmates have since been arrested and arraigned in court.
