DCI defends Ojwang’s arrest without summons amid rising outrage over custody death

Director of Criminal Investigations (DCI) Mohammed Amin has said detectives chose not to summon the late Albert Ojwang before his arrest, fearing he might destroy key evidence related to ongoing cybercrime investigations.

While responding to senators’ questions on Wednesday, Mohammed explained that investigators were initially unaware of Ojwang’s real identity, as they were tracking an anonymously operated X account.

“When it comes to investigations, particularly on matters of cybercrime, it isn’t a walk in the park. You are starting from the unknown to the unknown. You are dealing with individuals operating in the dark web, using pseudo accounts, and whose platforms are domiciled in other jurisdictions,” Mohammed said.

“At the commencement of our investigations, we did not know the true identity of Albert Ojwang. We were only dealing with an X handle, a person whose identity was not known to us, and it was therefore not possible for us to summon him.”

Justification

Mohammed added that it took “a lot of effort and expertise” for officers to finally unmask the identity of the X user they had been tracking.

According to him, this justified the decision to arrest rather than summon Ojwang.

He defended the approach taken by his officers, saying summonses can compromise investigations, especially in cases involving sensitive digital evidence.

“Sometimes, summons might be prejudicial or even interfere with investigative processes. For example, when investigating a cybercrime and you want to recover a computer from a suspect, you cannot just summon them to report to a police station. The risk is that the suspect might delete information you require as evidence in court,” Mohammed said.

He added: “That’s why sometimes we may not opt to summon suspects, but instead go for them directly. If someone holds crucial materials or documents for the investigation, giving them notice could give them time to destroy or tamper with that evidence.”

Transfer to Nairobi

Responding to questions about Ojwang’s transfer from Homa Bay to Nairobi, Mohammed said he did not issue the order, noting that his unit has competent officers who make such decisions independently.

“In terms of who ordered Albert’s transfer, Honourable Speaker, we don’t micromanage investigations. We give officers leeway to make professional decisions,” he said.

“Our officers are well guided by our service standards and investigative procedures.”

'State-sanctioned cover-up'

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• Central Police Station
• Director of Criminal Investigations
• Albert Ojwang
• DIG Eliud Lagat
• Mohammed Amin
• DCI defends Ojwang’s arrest without summons amid rising outrage over custody death
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The opposition has piled pressure on the government over Ojwang’s death, calling it a “state-sanctioned cover-up.”

Former Public Service Cabinet Secretary Justin Muturi, flanked by opposition leaders Kalonzo Musyoka and Rigathi Gachagua, demanded the immediate arrest and prosecution of Deputy Inspector General (DIG) of Police Eliud Lagat.

“When 31-year-old Albert Ojwang walked back to his home, neither he nor his relatives knew these would be his final moments,” Muturi said.

“Albert was the only hope of his parents and a father to a young child. Now he is gone — and no one is being held accountable.”

Ojwang’, who was reportedly transferred from Homa Bay to Nairobi under unclear circumstances, was booked into Central Police Station, where he later died in custody.

Unexplained gap

Muturi claimed there is a 26-hour gap between Ojwang’s arrest and his arrival in Nairobi that has not been explained.

“We demand to know: Was there a formal complaint by DIG Lagat? Was an arrest warrant issued? Which officers escorted him — by name and rank?” he posed.

Muturi also criticised the directive by the Office of the Director of Public Prosecutions (ODPP) asking the Independent Policing Oversight Authority (IPOA) to investigate the matter within seven days, calling it “a smokescreen.”

“That is a cover-up. The public is not interested in face-saving statements. They want truth, justice, and accountability,” Muturi said.

He also raised concerns over reports that CCTV cameras at Central Police Station were switched off during Ojwang’s detention.

“If he was not in solitary confinement, who were his cellmates? If cameras were disabled, who ordered that? Who was present when Albert took his last breath?” he posed.

CCTV footage

Muturi demanded the immediate release of CCTV footage, the names of cellmates, and the identity of individuals who may have inflicted fatal injuries on Ojwang.

He further called for DIG Lagat’s arrest and arraignment within 24 hours and urged for whistleblower protection for junior officers “who know the truth” but may be facing intimidation.

“This country cannot afford to normalise state brutality. The life of every Kenyan matters, whether they are a minister’s son or a fisherman’s child. Justice for Albert Ojwang must not be delayed or denied,” he said.