The Law Society of Kenya (LSK) has condemned the death of Albert Ojwang, who died in police custody at Nairobi’s Central Police Station. The society says his arrest was illegal and his transfer from Homa Bay to Nairobi was both malicious and unlawful.
Ojwang was reportedly in good health when police arrested him in Homa Bay. He was first detained at Mawego Police Station before being transferred overnight to Nairobi, where he died in custody under unclear circumstances. Preliminary reports suggest he was arrested over alleged false social media posts following a complaint by Deputy Inspector General of Police Eliud Langat, who claimed his name had been defamed.
LSK President Faith Odhiambi has questioned both the legal basis of the arrest and the manner in which it was handled. She cited Section 71 of the Criminal Procedure Code, which states that an accused person should be tried either where the offence was committed or where the arrest occurred unless a court orders otherwise.
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“The key question is whether there was any evidence Mr. Ojwang was in Nairobi when the post was made. If not, why wasn’t he charged in Homa Bay?” Odhiambi asked.
She also criticized the suspect’s overnight transfer to Nairobi, pointing out that Chapter 15 of the National Police Service Standing Orders requires a magistrate’s remand order before moving a suspect between police stations. No such order was issued on the night of June 7, 2025.
“No magistrate sat that night to approve the transfer. This was a clear violation of procedure and a gross abuse of power,” she said.The LSK has dismissed any suggestion that Ojwang’s death was accidental. Instead, it says the circumstances suggest a criminal conspiracy that must be investigated thoroughly.
The society is also demanding that Deputy IG Langat recuse himself from the probe, citing a conflict of interest.”Why was Albert Ojwang treated with such hostility that he died in custody? The police must answer,” Odhiambi said, promising to push for justice.As outrage grows, Kenyans are demanding answers and accountability from the National Police Service.
