NAIROBI, Kenya – The Law Society of Kenya (LSK) has called upon Deputy Inspector General of Police Eliud Lagat to recuse himself from the investigations surrounding the mysterious death of influencer Albert Omondi Ojwang’.
While addressing the journalists in Nairobi, LSK President Faith Odhiambo said their decision was necessitated by the fact that the police chief is a potential witness.
“To ascertain a thorough probe into this matter, we equally call upon the Deputy Inspector General of Police, Eliud Lagat, to publicly and unconditionally recuse himself from taking part or influencing the investigations in any way save as it may be required of him as a potential witness,” said Odhiambo.
Odhiambo stated that LSK understands that it is necessary to dispel any apprehension of prejudice and conflict of interest that may arise on account of his role as the complainant against Ojwang’.
“The safety of Kenyans, whether suspected of offences or not, is not a matter for which we can accept reactiveness. We demand proactivity. LSK has constantly raised concerns over the safety of detainees while in police custody and the trend of abuse and mistreatment that has characterised Kenya Police cells,” she added.
How suspects are brutally handled in detention cells, including Nairobi’s Central Police Station
The LSK boss, who was flanked by a battery of lawyers, disclosed that, in particular, they have sounded grave apprehension over the Central Police Station in Nairobi, which they claimed has been a poster boy for police brutality.
“This must come to an end. Further, we note that previously, the LSK Council had raised concerns with the police IG about Nairobi’s Central Police Station for being violators of the rights of arrested persons. We call upon IPOA to expeditiously investigate concerns raised and keep Kenyans apprised of the outcome of the investigations,” explained Odhiambo.
According to Odhiambo, the failure to adhere to the law and due process discloses the existence of ill will, bad faith and malice in the arrest of Ojwang’.
“Additionally, we oppose any proposition that his death was an accident or that it can be justified. The entire predicament encountered by Ojwang’ before his death is consistent with a criminal conspiracy which must be fully investigated and prosecuted,” she said.
Odhiambo reiterated that the National Police Service (NPS) owes Kenyans an explanation on why Ojwang’ was handled with such animosity that he met his death within police custody.
“The rights enshrined in our constitution apply to all Kenyans unless limited by the law. In line with their duties under Article 244 of the Constitution of Kenya, police officers are required individually and collectively to ensure that these rights are protected and upheld,” she continued.
Why IG Douglas Kanja is under pressure to disclose the identities of suspended police officers
Odhiambo added that any action by police officers that not only undermines the rights of any person but, worse still, discloses such arbitrariness and contempt for due process as in the case of Ojwang’, can neither be condoned nor justified.
“The treatment of Ojwang’ is a betrayal against him and a betrayal against the people of Kenya. This cannot be wished as an isolated incident because it is illustrative of deeper, systematic weaknesses within NPS. Kenya has no room for extrajudicial killings and criminal conduct by police. This is a part of too much that has been sacrificed to unshackle our country,” said Odhiambo.
She also weighed in on the move by the Inspector General of Police, Douglas Kanja, to suspend officers believed to have been involved in the conspiracy that led to Ojwang’s death to pave the way for investigations.
“This decision is far from resolving the matter. First of all, we ask the IG why he has not named the particular officers who have been suspended. What is the need to hide? Let Kenyans know the ambiguity of saying ‘any other officer’. Who are these ‘any other officers’? Also, the officers who picked Ojwang’ from Homa Bay, are they part and parcel of those who have been interdicted? Without telling Kenyans in plain words who these individuals are, they will be treated to just PR to come down on the citizens of Kenya. We want to know who the officers are who picked Ojwang; are they part and parcel of those interdicted, and also their names so that we can do a follow-up on what the due processes are,” she explained.
To ensure a meaningful and credible outcome to the intended investigations, the LSK boss demanded an unequivocal commitment by NPS that they will unreservedly cooperate with the investigations undertaken by IPOA and provide all necessary access to materials and evidence that will facilitate the investigations.
“Further, there must be a corresponding undertaking by NPS that there will be no interference or interventions whatsoever on their part save for what is reasonably required by IPO. Ojwang’ must not be another statistic that we move on from when the next incident arises. Let us collectively take the pain of his death as the beginning of a necessary and overdue paradigm shift for our country and our nation,” Odhiambo concluded.
