Police constable James Mukhwana in the dock at Milimani Law Courts on June 20, 2025, when the court granted police 21 days to detain him pending investigations.A Nairobi court has ordered that Police Constable James Mukhwana be detained for 21 days pending investigations into the death of blogger and teacher Albert Ojwang.
The ruling was delivered by Milimani Chief Magistrate Robinson Ondieki, who stated that the detention period would run from June 13, 2025, including weekends and public holidays.
The magistrate ruled that parties were at liberty to apply for review should circumstances change, citing Article 60 (3) of the Rome Statute of the International Criminal Court that says the Pre-Trial Chamber shall periodically review its rulings on the release or detention of a person and may modify its decisions based on changed circumstances.
In a scathing observation, the court likened the holding cell to a morgue and the police vehicle to a hearse, which was used to transport Ojwang’s body to City Mortuary via Mbagathi Hospital for certification.
The magistrate noted that the officers involved appeared to have been seeking ineffective ways to cover up their actions.
Ondieki drew parallels between Ojwang’s death and the killing of George Floyd in Minneapolis, USA.
He said the Independent Policing Oversight Authority (IPOA) investigation reports and supporting affidavits showed the case was of great public interest.
He added that the seriousness of the matter justified the limitation of Mukhwana’s right to liberty under Article 24 (1e) of the Constitution.
“In a world full of information and connectedness, ignorance is no excuse, poverty is a sin, and prejudice is evil,” the magistrate remarked.
Ondieki said the incident was a reminder of the injustices and tragedies suffered by the youth, warning that such evils were becoming increasingly frequent.
He further noted that the digital age had no reverse gear.
"The train of technology has already left the station; there is no turning back," he said.
The court also, Thessalonians 4:13-18, stating:
"The Lord shall descend from heaven with a great shout, with the voice of the archangel, and with the trumpet of God. The dead in Christ shall rise first; then we who are alive shall be caught up together with them in the clouds to meet the Lord."
