The murder trial over the death of Albert Ojwang./HANDOUT
The High Court on Monday heard testimony from a protected prosecution witness who said he was paid to erase CCTV footage from Central Police Station days after the death of detainee Albert Ojwang.
Editor's note: This report is based on evidence and testimony presented in open court during the prosecution's case. The accused persons have pleaded not guilty, and the court has not yet determined the allegations against them.
The witness, identified only as DAN, testified that he was instructed to format the station's Digital Video Recorder (DVR), effectively wiping surveillance footage recorded on June 6 and 7, 2025, because selective deletion of the recordings was not technically possible.
DAN was among three prosecution witnesses presented by the Director of Public Prosecutions (DPP) before Justice Diana Kavedza at the High Court in Kibera as the prosecution continued to build its case against six people charged with Ojwang's murder.
The accused are former Central Police Station Officer Commanding Station (OCS) Samson Kiprotich Talaam, James Mukhwana, Peter Kimani, John Ngige Gitau, Gin Ammitou Abwao and Brian Mwaniki Njue. They have been charged in connection with the death of Ojwang, who died while in police custody. The six accused persons have pleaded not guilty.
Led by Deputy Director of Public Prosecutions Jalso Makori, Senior Assistant Director of Public Prosecutions Wangui Gichuhi and Assistant Director of Public Prosecutions Duncan Ondimu, the prosecution told the court that DAN had installed the station's CCTV surveillance system in 2024.
According to the witness, he was summoned to Central Police Station on June 8, 2025, where he was instructed to erase footage captured on June 6 and 7.
DAN testified that he informed those present that the system could not delete footage for only the specified dates and that formatting the DVR was the only available option.
He told the court that after receiving approval, he logged into the system using the records office credentials, confirmed that the footage existed and formatted the DVR without viewing the recordings.
The witness further testified that he was paid Sh3,000 in cash after completing the task.
He also told the court that he was later instructed to return with two hard disks but was informed they were no longer needed. Despite this, he said he had already purchased the devices and was paid Sh20,000 in cash.
According to the witness, he was later informed by a records officer that his contact details had been shared with the Independent Policing Oversight Authority (IPOA). He was arrested on June 13, 2025, before recording a statement with IPOA investigators.
During the hearing, DAN identified the DVR and two sealed hard disks that were produced in court as exhibits.
The second prosecution witness, CCTV installation technician identified as AK, testified that he was called to Central Police Station on June 9, 2025, to examine the CCTV system after finding IPOA officers already at the station.
AK told the court that the DVR had been disconnected from the power supply and only resumed recording after it was reconnected.
Following his examination, he testified that the recordings sought by investigators were unavailable. Based on his technical assessment, he concluded that the DVR had most likely been formatted rather than selectively edited, making recovery of the footage impossible.
He also identified photographs of the officers, the DVR and the CCTV display system that were produced as exhibits.
A third prosecution witness, a protected records officer identified only as AA, testified that on the morning of June 8, 2025, they were informed that a detainee had died in the cells.
The witness told the court that they later reviewed CCTV footage together and allegedly saw an officer in the company of two unidentified individuals near the cell area.
According to the testimony, the three were seen walking towards the last cell before later emerging carrying what appeared to be a heavy object back towards the same cell. The witness said they could not identify what was being carried.
The hearing continues on July 21, 2026.
