NAIROBI, Kenya – Director of Criminal Investigations (DCI) Mohammed Amin has defended the decision to transfer Albert Ojwang from Homa Bay to Nairobi shortly before his controversial death, saying it was guided by legal jurisdiction and investigative procedure.
Speaking before the Senate on Wednesday, Amin responded to mounting public and political pressure over the circumstances surrounding Ojwang’s transfer and subsequent murder.
He insisted that the move was lawful and necessary since the alleged cybercrime offence linked to Ojwang had occurred in Nairobi.
“The Criminal Procedure Code, Cap 75, is very clear on the places of trial and jurisdiction,” Amin told the Senate Security Committee. “The ordinary place of trial is where the offence was committed. Our courts operate under these jurisdictional boundaries.”
Ojwang, who had been arrested in Homa Bay, was transferred to Central Police Station in Nairobi on the night of his arrest.
He was later found dead under circumstances that have triggered public outrage, allegations of police misconduct, and calls for high-level resignations.
Amin explained that in cases involving cybercrime, determining the location of the offence is often complicated by the digital nature of the crime.
“Cybercrime can be committed in one place, facilitated in another, and felt in yet another,” he said. “But in this case, the offence was traced to Nairobi.”
Kakamega Senator Boni Khalwale challenged the legality of transferring a suspect between jurisdictions without a court order.
In response, Amin clarified that police are not required to seek court approval when moving suspects between stations.
“We do not require a court order to move a suspect from one police jurisdiction to another. The deceased was booked out of Mawego Police Station at 1600 hours and booked into Central Police Station at 2132 hours,” he said.
On concerns over surveillance, Amin admitted that Mawego Police Station lacked CCTV cameras, noting that it had only recently been upgraded from a police post.
He also said the DCI does not operate offices at the facility.
The DCI boss added that Ojwang was allowed to call his wife three minutes after being booked at Central Police Station, a detail he said is verifiable through digital records.
He also dismissed claims that Ojwang had been rerouted during transport.
“He was taken straight to Central Police Station in Nairobi in a DCI-registered Subaru Forester,” Amin said. “There was no diversion to DCI headquarters or any other location.”
Amin concluded by stressing that the booking process was handled digitally, leaving little room for records to be altered manually.
The Senate session comes amid intense national attention on the Ojwang case, with rights groups and international partners—including the U.S. government—calling for a swift and transparent investigation.
Interior Cabinet Secretary Kipchumba Murkomen has also come under fire over the matter, while Inspector General of Police Japhet Koome has since retracted earlier claims that Ojwang died by suicide, publicly apologizing to the family.
