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• Fri Jun 13 2025

Editor's note: In this piece, Patrick Osoi critically analyses the systemic failures and legal implications surrounding the death of Albert Ojwang?, emphasising the personal responsibility of commissioned officers in the chain of command. Drawing on the principles of criminal law and policing procedures, Osoi advocates for justice through due investigative and judicial channels, rather than relying on political debate, and urges officers to uphold the law, even if it means defying unlawful orders.

In security and investigation, assumptions and emotions are not applicable and do not interfere with the process or results. Again, what should be understood is that any commissioned or gazetted officer has entirely personal responsibility for the command they give, hence the inspector general of police can?t and shouldn?t be implicated in the death of Albert Ojwang.

Inspector General of Police Douglas Kanja (L), the late Albert Ojwang? (C), and commentator Patrick Osoi (R). Photos: FILE.

Source: UGC

There was a significant cover-up by police officers on duty, including those who were suspended, as well as the disabling or erasing of CCTV footage on the fateful day. Note that a government employee can?t be interdicted or suspended without substantiated criminal charges through the court. Otherwise, the first thing should have been to arrest all potential suspects to allow the investigation process.

Such matters are not for legislatures to debate but for investigators and the Judiciary to take action, since it?s about justice.

First respondents and legal implications

The first respondents to the murder are the handlers of the deceased. If the officers who arrested the deceased didn?t brutally kill him, then they have charges of following an unlawful command to arrest the deceased out of jurisdiction without a court order, because the suspect was not a high-value criminal or a flight risk suspect to be detained under special circumstances.

Officers at the Central Police Station are also considered the first respondents to the murder, as they handled the deceased physically, but substantive evidence or witnesses must be given. However, there is high suspicion from the police station that the CCTVs were disabled, answering a lot of unanswered questions.

If they didn?t kill the deceased, then they must be charged with negligence, since every citizen has the right to healthcare. If the deceased was hurt, he should have been taken to the hospital immediately on arrival before admission to a police cell.

The deputy IG, Eliud Lagat, either way, is the second respondent to the murder as an accomplice, as he is the one who seemingly gave the command to the arresting officers. DIG is also liable either way for an unlawful command or order if he is the one who ordered the arresting officers to act outside their jurisdiction.

According to ?Actus Reus? in criminal law, the DIG could be liable for murder implications if the deceased was killed by officers at the Central Police Station, but liable for unlawful command to the arresting officers.

From left: Inspector General of Police Douglas Kanja, the late Albert Ojwang? (C), and DIG Eliud Lagat (R). Photo: FILE.

Source: UGC

The OCS central police could also be free from murder implications due to ?Actus Reus? In criminal law, but liable for negligence if he witnesses the deceased being in a condition that needed medical attention & never took action.

Upholding justice

It should be noted that any gazetted or commissioned officer has direct responsibility for any violations or consequences from their command.

Therefore, the IG of police or any person above the commissioned officer can?t be held accountable for the command given. The persons above should be enhancing the investigation and ensuring that evidence and witnesses are protected.

To the officers out there, you'd better lose your jobs for disobeying unlawful orders than being implicated for murder. A lot of police and NIS officers are being used as sacrificial lambs for murder implications.

The author is Patrick Osoi, a security analyst and advocate for justice sector reforms in Kenya.

Views expressed in this article are solely those of the author and do not reflect the editorial position of TUKO.co.ke.

Source: TUKO.co.ke