CCTV footage played in court showing cell sentry, PC Peter Kimani at the cells/COURT PROCEEDINGS
The question of who had authority to access the holding cells at Nairobi's Central Police Station dominated proceedings on Tuesday as the murder trial over the death of blogger and teacher Albert Ojwang resumed before the High Court in Kibera.
A protected prosecution witness, a police constable who cited 10 years of service in the National Police Service, testified before Justice Diana Kavedza that the officer stationed at the cell sentry was solely responsible for controlling access to the detention area, regardless of rank.
"The cell sentry takes charge," the witness told the court while explaining the chain of command at the station.
She testified that when suspects were brought into custody, responsibility shifted to the cell sentry personnel, who controlled entry into the holding cells and determined who was allowed inside.
"When suspects are taken to the holding cells, the cell sentry is responsible," she said.
According to the witness, access to the cells was limited to a small number of authorised persons.
"Outside the cell sentry personnel, the investigating officer and those who supply food are allowed in," she testified.
She added that even police officers could not freely enter the cells.
"For a police officer to have access, the cell sentry has the power to allow or stop the officer from entering the cells," she said.
During cross-examination, defence lawyers sought to establish whether senior officers could bypass those procedures.
The witness maintained that the protocol applied uniformly, telling the court that even the Officer Commanding Station (OCS) could not simply walk into the cells without following the established process.
She further explained that if the security of the holding cells was compromised, immediate action would be taken.
"If keys are in the wrong hands, it's reported to the OCS, and immediately the padlocks are changed," she said.
The witness also described the station's operational structure, telling the court that officers worked morning and night shifts with formal handovers between teams.
"There are two shifts, morning and night," she said, adding that "there is handing over of shifts."
She testified that the duty officer remained on duty for 24 hours and was expected to conduct routine inspections of the cells.
"The duty officer should make rounds at the cell several times," she said.
The court heard that Police Constable Peter Kimani was the cell sentry officer during the material night, while co-accused Police Constable James Mukhwana was not assigned to that role.
Attention later shifted to CCTV footage captured within the station.
Justice Kavedza directed that one segment be zoomed in to allow closer examination of individuals captured near the holding cells.
The witness pointed out that one clip appeared to show five people, although she said she could not identify an object one of them was carrying.
"I can't figure out what it was," she told the court.
Referring to footage timestamped 10:45 p.m., she said it showed one person running from the left side before two others followed, one appearing to emerge from the washroom area.
Asked who was responsible for activities in that section, she reiterated: "The cell sentry."
The defence also questioned the witness extensively about the station's CCTV system and technician identified as Dan.
She testified that she had called him to report to Central Police Station but denied asking him to bring any equipment.
She further stated that she did not know whether the technician had been paid for services on June 8, 2025, saying, "I called Dan, but I didn't pay him, and I don't know whether he was paid."
Cross-examination also focused on the movements of officers and unidentified individuals captured at the station on CCTV footage played in court.
Guided by another defence lawyer, the witness identified Police Constable Peter Kimani as the uniformed officer in blue seen in the footage.
At the CCTV timestamp of 10:25:15 pm, she said PC Kimani was seen closing a door before two unidentified men proceeded towards a property section in question.
She clarified that although PC Kimani was seen operating the door, he was not inside the holding cells.
"PC Kimani is not in the cells. He opened the door," she testified.
She also told the court that she viewed the CCTV footage and subsequently questioned both the Officer Commanding Station and the Deputy OCS about the presence of the two unidentified men.
"I asked the OCS and Deputy OCS why the two unidentified males were coming," she testified, adding, "They never responded."
The witness further said she also asked why the detainee had allegedly hit his head against the wall but did not receive an answer.
The hearing continues before Justice Kavedza.
