Senate erupts over Ojwang's death, questions cross-county transfer and unequal justice

Senate erupts over Ojwang's death, questions cross-county transfer and unequal justice

Senators questioned why Ojwang was transported over 370 kilometres from Homa Bay County to Nairobi, despite the presence of local police stations and detention facilities that could have held him.

A heated session in the Senate on Wednesday was marked by outrage and demands for accountability from lawmakers following the mysterious death of Albert Ojwang in police custody, reigniting concerns over police brutality in Kenya.

The senators questioned why Ojwang was transported over 370 kilometres from Homa Bay County to Nairobi, despite the presence of local police stations and detention facilities that could have held him.

“Does it mean there are no police stations in Homa Bay?” asked Wajir Senator Mohamed Abbas.

His remarks were echoed by others who found the transfer from Homa Bay suspicious and unnecessary.

Senators questioned the logic of transferring suspects across county lines for investigations, particularly under a devolved system where each county has its own police units and investigative departments.

Alleged offence committed in Nairobi

In response, the Inspector General of Police, Douglass Kanja, explained that the reason Ojwang was transported from Homa Bay to Nairobi was because the alleged offence had been committed in Nairobi.

“The offence was committed in Nairobi; that was the reason why the suspect was brought to Nairobi,” stated IG Douglass Kanja.

Supporting this, DCI boss Mohamed Amin confirmed that the vehicle used to transport the deceased was a DCI Subaru Forester, registration number GKC 519B.

He stated that Ojwang was driven directly from Homa Bay to the Central Police Station in Nairobi, with no detours, and emphasised that the transfer was strictly related to the location of the alleged crime.

“I can confirm without any fear of contradiction that from Homa Bay, the suspect was driven straight to Central Police Station and nowhere else," stated the DCI boss.

National jurisdiction

“The offence was committed in Nairobi, but the arrest took place in Homa Bay. That is why the deceased was transported from Homa Bay to Nairobi. Offences related to cybercrime fall under national jurisdiction.”

The DCI boss said Ojwang was treated with humility and respect throughout the journey from Homa Bay to Nairobi.

'Selective outrage'

Garissa Senator Abdulkadir Mohamed Haji strongly criticised what he called “selective outrage,” comparing Ojwang's case to the deaths of 40 fishermen in Turkana and six young men in Garissa, whose killings went largely unnoticed.

"As we discuss the death of Albert Ojwang and the circumstances surrounding it, I urge my colleagues to reflect on whether we value all Kenyan lives equally. Just last week, the senator from Turkana raised the issue of 40 fishermen who were killed and left in the lake, yet no one called for a special sitting. Where is the fairness? Every Kenyan life, regardless of region, must matter to this House."

“Not a single senator called for a special sitting then,” Haji noted, lamenting that some regions seem to receive more sympathy and national attention than others. “Are some Kenyans more equal than others?” he asked.

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