The Director of Criminal Investigations (DCI) has distanced itself from the torture of the late blogger Albert Ojwang, who died in the hands of police, stating they treated him 'humanely'.
Ojwang, was apprehended by DCI detectives following a complaint lodged by Deputy Inspector General of Police Eliud Lagat, and ferried from Homa Bay to Nairobi, before his death.
The DCI chief, Mohamed Amin, appearing before the senate, explained the reason behind the transfer of Albert from Homa Bay to Nairobi. Amin said Ojwang’s transportation was in accordance with the law, pointing to the guidelines provided by the Criminal Procedure Code (CPC).
"The Criminal Procedure Code (CPC) Section 71, Cap 75, is very clear on the place of trial and jurisdictions; the ordinary place of trial for an offense is determined where the crime was committed. For this particular matter, the offense was committed in Nairobi but the arrest was done in Homa Bay County. That is why Albert Ojwang had to be driven all the way from Homa Bay to Nairobi,” he said.
Mohammed dismissed claims that the police required a court order to move Ojwang from one police division to another.
“We do not require a court order to move a suspect from one police jurisdiction to another. For the deceased, he was booked out at Mawego Police Station in Homa Bay at 1600 hours and booked in at Central Police Station at 2132 hours,” he said.
Contrary to speculation that the suspect may have been held at DCI headquarters before being taken to Central Police Station, Mohammed clarified that the vehicle carrying him, registration GK C519B, a Subaru used by the DCI, was tracked and travelled directly to Central Police Station.
“I can confirm without fear of contradiction that from Homa Bay, the suspect was driven straight to Central Police Station and nowhere else. We can technically confirm this even through the GPS system of the Subaru vehicle,” Mohammed said.
The DCI chief also responded to concerns about the absence of CCTV footage in Mawego, stating that the station, recently upgraded from a police post, lacked surveillance systems.
He further confirmed that Ojwang was treated humanely during the journey to Nairobi.
“While at Narok, he asked for refreshments, and he was given some by the arresting officers,” Mohammed said.
He noted that Ojwang spoke to his wife at 21:24 hours, shortly before being booked at Central Police Station.