Security Beefed Up at City Mortuary Ahead of Albert Ojwang’s Autopsy Following Activist Disruption

NAIROBI, Kenya – Security has been significantly reinforced at the City Mortuary in Nairobi following an incident where activists and family members stormed the facility and “disturbed” the body of Albert Ojwang, the teacher who died in police custody on Saturday.

The heightened security measures come as authorities prepare to conduct a crucial autopsy on Tuesday, after the initial examination scheduled for Monday was postponed due to what officials described as “logistical issues” stemming from the disruption.

The incident occurred on Monday as government pathologists and police had planned to conduct the post-mortem examination. According to sources at the mortuary, a group of activists accompanied by Ojwang’s family members gained access to the body holding area, forcing authorities to postpone the procedure.

“The exercise was pushed to Tuesday,” confirmed Government Chief Pathologist Dr. Johansen Oduor, who revealed he has a personal connection to the case. “I am still part of the team. I have not resigned from the exercise. The guy was my relative.”

The family’s lawyer, Julius Juma, emphasized the need for transparency in the proceedings. “We want transparency. There must be no foul play,” Juma stated, expressing concerns about the condition of the body, which he said showed visible signs of physical trauma including extensive injuries to the head, hands, and shoulder area.

The Case That Sparked National Outrage

Albert Omondi Ojwang, a 31-year-old teacher based in Voi, had traveled to his home in Homa Bay County for the weekend when he was arrested on Friday over allegations of false publication. The charges were related to social media posts about Deputy Inspector General Eliud Lagat, who had filed the complaint.

Ojwang was transported approximately 400 kilometers from Homa Bay to Nairobi for questioning at the Directorate of Criminal Investigations (DCI) headquarters along Kiambu Road, before being transferred to Central Police Station for detention. According to the station’s Occurrence Book, he was the 59th suspect admitted, booked at 2:35 a.m. under charges of false publication.

Police claim Ojwang died by suicide on Saturday morning, allegedly sustaining fatal head injuries after hitting his head against the cell wall while alone in his cell. However, this account has been disputed by family members, civil rights organizations, and legal experts who point to evidence of possible foul play.

The case has prompted immediate action from Inspector General of Police Douglas Kanja, who ordered the interdiction of several officers to ensure an impartial investigation.

Those suspended include the Officer Commanding Station (OCS) at Central Police Station, the duty officer on shift that night, the cell sentry on duty, all officers working at the Report Office that night, and any other personnel involved in the incident.

“This is standard protocol to ensure impartial investigations. IPOA is leading the process. If anyone is found culpable, they will face the law,” Kanja stated.

Some of the interdicted officers have claimed they were off duty when the incident occurred.

Independent Investigation Underway

The Independent Policing Oversight Authority (IPOA) has launched a comprehensive investigation into the death. IPOA Chairperson Issack Hassan confirmed that the authority has already visited and documented the scene, established contact with the family, and deployed officers to the City Mortuary.

“Five police officers from the Directorate of Criminal Investigations (DCI) have been interviewed by IPOA investigators, and their statements recorded,” Hassan said. “The findings will inform the Authority’s further communication to the public on the progress of the investigation and recommendations to the relevant state agencies, particularly the Director of Public Prosecutions, should criminal culpability be established.”

Legal Questions Raised

The Law Society of Kenya, led by President Faith Odhiambo, has questioned the legality of Ojwang’s arrest, noting that no court order justified the overnight transfer from Homa Bay to Nairobi. The legal body argues this violated both the Criminal Procedure Code and Police Standing Orders.

In a related development, the Office of the Director of Public Prosecutions announced there was insufficient evidence to charge Kelvin Moinde, who was co-accused with Ojwang in the false publication case. “Upon careful perusal of the inquiry file, the Director of Public Prosecutions is satisfied that there is NO sufficient evidence to charge Mr Kelvin Moinde,” the ODPP stated.

National Concern and Calls for Justice

The case has drawn widespread condemnation from various quarters, with human rights organizations expressing concern about the circumstances surrounding Ojwang’s death. The incident has reignited debates about police accountability and the treatment of suspects in custody.

Family members and activists have demanded swift justice, with many believing Ojwang was tortured and beaten before his death. The timing of the incident, coming ahead of the first anniversary of the June 2024 protests, has raised additional concerns about the targeting of social media critics.

The delayed autopsy, now scheduled for Tuesday with enhanced security measures, is expected to provide crucial evidence in determining the actual cause of death and whether criminal charges should be filed against any of the officers involved.

The case continues to develop as authorities work to balance the demands for transparency with the need to maintain order during the sensitive investigation process.