ICJ issues 6 demands after Albert Ojwang’s death
The International Commission of Jurists (ICJ) has strongly condemned the death of Albert Ojwang, who died while in police custody at the Central Police Station in Nairobi.
In a lengthy statement released on Monday, June 9, 2025, the ICJ issued several demands, with calls for an immediate end to the controversial practice of Friday arrests featuring predominantly.
According to the commission, the notorious Kamata Kamata Fridays, which they claimed were prevalent during the Moi era, have made a disturbing return.
The ICJ noted that such arrests often lead to individuals being held in police cells for extended periods before being presented in court, contrary to Article 49(1) of the Constitution, which requires that an arrested person be brought before a court within 24 hours. This, they said, did not happen in the case of Albert Ojwang.
“The National Police Service must provide a clear explanation for the apparent resurgence of arrests conducted on Fridays or immediately before weekends and public holidays. This troubling pattern, reminiscent of the notorious “Kamata Kamata Fridays”, has historically led to individuals being detained for prolonged periods before being brought before a court. In this context, grave concerns arise regarding the case of the late Ojwang.’ ICJ stated
The commission expressed deep disappointment over the circumstances surrounding Ojwang’s detention, questioning why he was not held at any police station in Homa Bay but instead was ferried over 350 kilometres to Nairobi, where he later died.
“It remains unclear why he was not held at any of the police stations in Homa Bay County but was instead transferred to Nairobi, where he tragically lost his life. Such incidents underscore the urgent need for transparency, accountability, and adherence to constitutional safeguards to prevent similar outcomes in the future.” They added
Call for investigations
The ICJ called for a thorough and transparent investigation into Ojwang’s death to be conducted by the Independent Policing Oversight Authority (IPOA) and the Kenya National Commission on Human Rights (KNCHR).
They insisted that the investigation must adhere to the United Nations’ 1989 Principles on the Effective Prevention and Investigation of Extrajudicial, Arbitrary and Summary Executions.
“The Independent Policing Oversight Authority (IPOA) and the Kenya National Commission on Human Rights (KNCHR) must carry out a comprehensive, impartial, and transparent investigation into the arrest, transfer, detention, and death of Mr Ojwang in line with the UN 1989 Principles,“ they continued
They further demanded that the full details of the investigation, including post-mortem results, detention logs, hospital records, and witness statements, be made public.
The commission emphasised that witness statements must comply with the Witness Protection Guidelines and be disclosed to restore public confidence and ensure accountability.
Coroners Service Act of 2017
In addition, the ICJ urged the urgent operationalisation of the Coroners Service Act of 2017, which provides for independent investigations into deaths from unknown or suspicious causes, including those occurring in police custody or involving state agents.
They termed the continued dormancy of the law as a dereliction of duty by Parliament and called upon legislators to fast-track its implementation so that no family has to beg for the truth surrounding the death of a loved one.
The commission also called for an end to custodial killings, insisting that law enforcement officers must stop acting as executioners. Officers found culpable of such offences must be held fully accountable under the law.
Finally, the ICJ called for broad institutional reforms and civic education, stating that the justice system must be comprehensively restructured within a framework that protects human life.
They urged the state to invest in training law enforcement officers in human rights-based policing and to strengthen internal accountability mechanisms across all security agencies.
