Senior Principal Magistrate Robinson Ondieki has issued a scathing rebuke against the police over their handling of the late Albert Ojwang’s body, describing the actions as both disturbing and symbolic of deeper systemic failures.
Before delivering his final orders that allowed police to detain murder suspect James Mukhwana for 21 days, Magistrate Ondieki expressed dismay at the conduct of officers at Nairobi Central Police Station, where Ojwang died in custody.
“When the cell sentry and other officers discovered Ojwang’s lifeless body at 1:45 a.m., they realized the cell had effectively become a morgue,” the Magistrate remarked. “And by using a police vehicle to ferry his body to the City Mortuary via Mbagathi Hospital for certification, they had essentially turned the cruiser into a hearse.”
He went on to say that the conduct of the officers revealed an institution that was “incomplete and dysfunctional,” relying on ineffective measures to address internal breakdowns.
Calling Ojwang’s death a matter of public interest, Magistrate Ondieki justified limiting Mukhwana’s constitutional right to liberty under Article 24, noting that the circumstances warranted such a decision.
“This case highlights the grim realities of injustice in our society,” he said. “Even as we await the conclusion of the IPOA investigations, the behavior of the police in this instance serves as a stark reminder of the tragedies and injustices affecting our youth.”
He urged the National Assembly and the Senate to urgently initiate police reforms and revise outdated statutes to align with the fast-paced changes of the digital era. “The train of technology has already left the station,” he noted. “There’s no turning back.”
Addressing the family of the late Ojwang, human rights organizations, members of the public, political players, and the international community, the Magistrate said the case was now progressing, and called for patience and trust in the justice system.
“To the public,” he said, “take comfort in knowing that the bus has left the station—let those entrusted with steering it do their job. As for the Judiciary, we must reflect deeply on how protests provide cover for rogue officers and criminal elements to terrorize innocent citizens.”
Magistrate Ondieki then ordered that the suspect, James Mukhwana, be held at Capitol Hill Police Station for 21 days as investigations continue.
