Albert Ojwang murder: Activists urge court to hold DIG Eliud Lagat accountable

A section of human rights activists have petitioned the high court to halt the prosecution of three police officers charged alongside three civilians with the murder of Homabay teacher Albert Ojwang until the Deputy Inspector General - Kenya Police Service (KPS), Eliud Lagat, is listed for prosecution.

Led by Lawyer Lempaa Suyinka and former university don turned activist Prof Fredrick Ongola, the activists said the exclusion of DIG Lagat from prosecution for the murder of Ojwang is discriminatory in itself, and in its effect.

They listed the Director of Public Prosecutions (DPP), the Independent Policing Oversight Authority (IPOA), the National Police Service (NPS), DIG Lagat and President William Ruto as respondents, whom they accused of being in a syndicate shielding Lagat from criminal liability in the murder of Ojwang.

The activists want the high court to intervene and stop what they termed as an ongoing miscarriage of justice by shielding the main suspect while charging pawns in the scheme.

"The inconsistent and contradictory decisions made by and actively taken by the (IPOA and DPP) have transgressed the legitimate expectations of the petitioners and other Kenyans that, at the very minimum, justice for Ojwang will include the prosecution of the main suspect," said the activists.

Others listed as respondents include the Inspector General of Police, Douglas Kanja, the Director of Criminal Investigations (DCI), Mohamed Ibrahim Amin, and the Cabinet Secretary for the Ministry of Interior, Kipchumba Murkomen.

Former Nairobi Central Police Commander (OCS) Samson Talaam, police constables James Mukhwana and Peter Kimani, John Ngige Kitau, Gin Ammitou Abwao and Brian Mwaniki Njue are also sued as respondents. Ojwang was killed inside the Nairobi Central police station cells.

The activists want the high court to issue a conservatory order stopping the prosecution of the suspects already charged at the Kibera high court until hearing and determination of their petition to have DIG Lagat listed in the charge sheet as the prime suspect in the murder.

They also want the high court to issue a conservatory order stopping Langat from resuming office during the period the petition will be pending in court.

According to the activists, the court must consider incidents before and immediately after the murder of Ojwang, including DIG Lagat's complaint against the deceased and the attempted cover-up of the murder as suicide.

"In the aftermath of the horrendous murder of Albert Ojwang, the leadership of the NPS issued a statement alleging that he had committed suicide by knocking his head on the wall where he was being detained at the police station. The purported suicide theory was later discredited by a postmortem report that ruled out suicide as the possible cause of death," Mungai told the high court.

"The petitioners aver that the said suicide theory was invented and canvassed, in a cruel scheme by government the government of Kenya and senior security officials to shield Langat from facing accountability and responsibility for the death of Onjwang whose arrest, detention and beating he had organised through the OCS - Central Police station, Nairobi."

The petitioners also urged the high court to take notice that President Ruto did not interdict DIG Lagat during investigations into Ojwang's murder, contrary to regular practice and relevant legal provisions.

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