PHOTO/@NelsonHavi/X
Former Law Society of Kenya (LSK) President Nelson Havi has criticised the prosecution of a junior police officer over the death of Albert Ojwang, calling it the beginning of a cover-up intended to shield senior officials involved in the incident.
Havi’s remarks come as Police Constable James Mukhwana, who is based at the Central Police Station, was arraigned in court on Friday, June 13, 2025, to face murder charges.
Constable in Custody
Mukhwana was arrested on Thursday, June 12, by officers from the Internal Affairs Unit (IAU) of the National Police Service and the Independent Policing Oversight Authority (IPOA).
He is accused of bearing responsibility for the custodial death of Albert Ojwang, a teacher and blogger who was arrested in Homa Bay on June 7 and later found dead in Nairobi.
A report from the Kenya Police Service confirmed Mukhwana’s arrest, stating he was detained at Capitol Hill Police Station and would be charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
Havi questions intent
Reacting to the development on Friday, June 13, Havi described the prosecution as a tactical distraction meant to protect those higher up in the police chain of command.
“This is the beginning of another cover-up through the court process,” Havi said via X (formerly Twitter).
“The court should free this framed poor man pronto and direct the ODPP and IPOA to present Lagat, Talam, Sigei et al. in court for plea taking.”
Havi’s comments mirror public concerns over accountability in high-profile cases of police misconduct.
Critics have questioned why only a junior officer has been arrested while senior officers, including the Deputy Inspector General, whose complaint allegedly triggered Ojwang’s arrest, remain untouched.
Mounting pressure
Ojwang’s death has sparked national outrage, with political leaders, civil society groups, and the public demanding a full and transparent investigation.
The circumstances of his death, including tampered CCTV footage, unexplained transfers, and inconsistent police reports, have only intensified scrutiny.
Despite IPOA’s assurance that all involved officers, from the point of arrest in Homa Bay to Ojwang’s death in Nairobi, are under investigation, the arrest of Constable Mukhwana is being seen by some as an attempt to create a scapegoat while avoiding deeper accountability.
The case remains under active investigation, with IPOA and IAU expected to provide further updates.
