NAIROBI, Kenya — The Office of the Director of Public Prosecutions (ODPP) has declined to press charges against social media user Kelvin Moinde, even as outrage grows over the death of another online commentator, Alfred Ojwang, in police custody.
In a statement issued Monday, the ODPP said it had received and reviewed an inquiry file concerning Moinde, who had reportedly been arrested over an online post.
“Upon careful perusal of the inquiry file, the Director of Public Prosecutions is satisfied that there is no sufficient evidence to charge Kelvin Moinde,” the statement read.
The ODPP reiterated its commitment to “executing its constitutional mandate in accordance with the law, the public interest, and the administration of justice.”
Moinde’s arrest had sparked concern across social media, with users demanding transparency over his whereabouts and voicing alarm over what they see as growing threats to freedom of expression in Kenya.
Spotlight on Ojwang’s Death
The announcement from the ODPP comes amid mounting pressure on authorities to explain the death of Alfred Ojwang, another social media user who died after being held by police.
Ojwang was arrested on Saturday, June 7, at his home in Homa Bay and initially detained at Mawego Police Station.
He was later transferred to the Directorate of Criminal Investigations (DCI) headquarters in Nairobi and eventually booked at Central Police Station.
Police claim Ojwang inflicted injuries on himself by banging his head against a wall.
He later died in hospital after reportedly being found with serious head wounds.
However, Ojwang’s family and civil rights groups have rejected the police narrative, citing visible signs of physical trauma.
Speaking outside City Mortuary on Monday, a lawyer representing the family described injuries to Ojwang’s head, hands, and shoulders, calling them inconsistent with the explanation given by authorities.
“The body has extensive injuries—this cannot be brushed off as self-inflicted. We demand full accountability,” the lawyer said.
A post-mortem was scheduled for Monday.
Public Outcry and Calls for Accountability
The death has triggered widespread condemnation from civil society organisations, political leaders, and the public.
Many have drawn parallels between Ojwang’s case and a pattern of what they say are enforced disappearances, arbitrary arrests, and deaths in police custody.
On Sunday, the Police Reforms Working Group (PRWG) demanded an independent investigation, saying the arrest and detention of Ojwang involved “unnecessary and excessive use of state resources.”
They also questioned why Ojwang was transported over 350 kilometers from Homa Bay to Nairobi, bypassing numerous police stations and courts.
The Independent Policing Oversight Authority (IPOA) has said it is investigating the circumstances surrounding the death.
Several police officers who were on duty the night Ojwang died have reportedly been interdicted or suspended.
