Albert Ojwang Case Renews Calls for Police Accountability and More Reforms

By Miriam Nyandika

The death of blogger Albert Ojwang while in police custody continues to drive a national conversation about the Kenya Police Service. Albert’s high-profile murder trial took a new turn following the presentation in court of CCTV footage reportedly recovered after earlier claims that the recordings had been deleted. According to proceedings reported in court, the footage appears to contradict the initial police account that Ojwang sustained fatal injuries by striking his head against a cell wall.

Prosecutors now contend the recordings depict events consistent with a coordinated assault inside Nairobi’s Central Police Station. Those allegations remain the subject of ongoing judicial proceedings, and it is ultimately for the courts to determine individual criminal responsibility.

Even as the judicial process continues, the case raises sharp questions on command responsibility and how accountability should be enforced within the National Police Service. A responsible chain of command begins with ethical leadership. Senior officers are entrusted not only with issuing lawful instructions but also nurturing a culture where professionalism, constitutionalism, and respect for human dignity are non-negotiable. Command responsibility means that those entrusted with supervision cannot simply distance themselves from unlawful conduct occurring under their watch.

The arraignment of the Officer Commanding Station (OCS), Samson Talam, alongside other accused persons has focused public attention on the extent to which police commanders bear responsibility for actions undertaken within facilities under their command.

Equally important is the responsibility of junior officers. Every police officer swears an oath to uphold the Constitution and the law and not the unlawful wishes of any superior. Professional policing demands the moral courage to refuse instructions that violate the law, infringe constitutional rights, or endanger the lives of those in custody. The pretext of “following orders” should not be used as a shield against accountability in a constitutional democracy. This principle deserves greater emphasis within police training and institutional culture.

The case has also shocked many Kenyans because it appears to violate a long-held understanding within policing circles. Whether contained in regulations or informally acknowledged among officers, the belief that suspects should never die while under police protection has long been regarded as a defining standard of professional policing. The allegations emerging from this case have therefore disturbed not only the public but also many current and former officers who view the preservation of life in custody as a fundamental obligation of the service.

Independent oversight comes out as indispensable. Institutions such as the Independent Policing Oversight Authority (IPOA) exist precisely because public confidence requires investigations that are impartial, professional, and free from conflicts of interest. Strengthening of IPOA’s independence, investigative capacity, and ability to hold officers accountable regardless of rank is essential if the principle that no one is above the law is to have meaning. Effective oversight should not also be viewed as hostility toward the police service but as an important safeguard that sustains public confidence.

The Albert Ojwang case has become a litmus test of Kenya’s commitment to accountability, institutional integrity, and the rule of law. As Kenyans await the outcome of the trial, many hope that more reforms to the police service follow.

The writer is a research assistant at Free Press Publishers.