Ojwang was to be 'disciplined', not killed - Constable James Mukhwana

Police Constable James Mukhwana has expressed regret over the death of teacher Albert Ojwang while in police custody, claiming it was never intended to end in fatality.

In a statement to the Independent Policing Oversight Authority (IPOA) investigators, Mukhwana acknowledged that Ojwang was beaten up by remandees who were in the cells.

Ojwang was arrested at his Homa Bay home Saturday (June 7) before being transferred to Nairobi Central police station.

“This is the truth of what happened. Ojwang was not meant to be killed but to be disciplined as per the instructions given,” he said.

“I'm sorry for the death of Ojwang. May God help the family to heal from the loss. I know it is painful.”

In a chilling admission, Mukhwana revealed that remandees who fatally assaulted Ojwang inside the cells were paid Sh2,000 to carry out the attack.

He confessed to receiving the money from a senior officer to facilitate the beating, stating that it was used to buy alcohol for four inmates who executed the assault.

According to Mukhwana, he was briefed by his superior and then approached a long-time remandee to coordinate the act.

The 31-year-old officer said he joined the National Police Service in 2018 and trained at the Administration Police Training College (APTC), now Embakasi A Campus.

He graduated in 2019 and was posted to Marsabit County, where he served for two years before being transferred to the Kenya Police Service (KPS) following the merger.

On the day of Ojwang’s death, Mukhwana was on duty as the sentry officer. Mukhwana, alongside OCS Samson Talam has petitioned the court over their continued detention, terming it unlawful.

The two filed the petition Monday under a certificate of urgency, challenging the legality of their arrest and detention.

Through their lawyer, Danstan Omari, the officers argue their detention is both premature and illegal.

They insist they were not on duty when Ojwang was booked at Central Police Station in Nairobi on the night of June 7, 2025.

The petitioners believe that the matter should be handled through inquest proceedings, as outlined in sections 385 to 388 of the Criminal Procedure Code, to determine how Ojwang died while in custody.

They claim the current legal route infringes on their dignity and due process, despite what they say are clean service records.

“We are urging this court to intervene and stop this injustice from escalating any further,” Omari pleaded.

The officers also expressed concern that continued detention could irreparably damage their reputations and affect their right to a fair trial.

They are now asking the High Court to declare their detention unlawful, stop the ongoing process, and direct that an inquest into Ojwang’s death be launched instead.