The grieving father of Albert Omondi Ojwang, a teacher who died in police custody five months ago, has accused the Director of Public Prosecutions (DPP) of shielding Deputy Inspector-General of Police Eliud Lagat from prosecution.
In a sworn affidavit filed at the High Court in Nairobi, Meshack Ojwang alleges overwhelming evidence links Mr Lagat to Albert's arrest, torture and killing in June 2025.
He further claims the second in command in the police ordered Albert's arrest and subsequent killing after Albert reportedly exposed corruption allegations against the senior officer.
Albert, described by his father as a law-abiding citizen with a promising future, was arrested on June 7, 2025, from their rural home in Homa Bay County by officers attached to the Directorate of Criminal Investigations (DCI).
According to Mr Ojwang, DIG Lagat orchestrated the arrest after Albert allegedly circulated information on social media implicating him in graft within the National Police Service.
In his detailed affidavit, Mr Ojwang paints a picture of state-sanctioned violence, cover-ups, and the apparent protection of powerful figures within Kenya's law enforcement system.
He states Albert was secretly detained at Central Police Station in Nairobi, where he suffered severe beatings, torture, and humiliation allegedly under Mr Lagat's instructions.
"My son never returned home alive; he succumbed to grievous injuries inflicted while in police custody, including blunt force trauma to the head and strangulation," Mr Ojwang states.
Initially, police claimed Albert committed suicide by hitting his head against a cell wall at Nairobi's Central Police Station.
However, a post-mortem examination contradicted this account, revealing his death resulted from blunt force trauma and strangulation - injuries consistent with torture. Mr Ojwang has furnished court with the autopsy report to back his affidavit.
Three junior police officers - Samson Kiprotich Talaam (OCS Central Police Station), James Mukhwana, and Peter Kimani - along with civilians John Ngige Gitau alias Kinara, Gin Ammitou Abwao alias Gilbeys, and Brian Mwaniki Njue were arrested and charged at the High Court in Kibera.
DIG Lagat has not been charged following investigations of the case by the Independent Police Oversight Authority (IPOA).
Mr Ojwang insists prosecuting only junior officers is a smokescreen designed to shield Mr Lagat, whom he describes as the "actual ringleader and perpetrator."
He cites Senate submissions by DCI boss Mohammed Amin explaining Albert's transfer from Homa Bay to Nairobi for alleged cybercrime offenses.
“I believe that there has been no process that cleared DIG Lagat as the prime suspect in the death of my son. Mr Lagat as per the Submissions made in the Senate by the head of DCI that DIG remained as the prime suspect,” states Mr Ojwang.
The affidavit supports a constitutional petition by rights activists and civil society groups seeking orders compelling IPOA to publicly release its report and inquiry file submitted to DPP Renson Ingonga, which recommended prosecuting the six suspects connected to Albert's death. The petitioners also seek to halt the DPP's criminal trial against these suspects.
“Justice for my son will not be realized unless DIG Lagat is charged and prosecuted as the lead suspect in this matter,” Mr Ojwang declares in the affidavit.
He petitions the court to stay the criminal proceedings against junior officers, arguing continuing without holding Mr Lagat accountable would constitute a miscarriage of justice.
“I therefore humbly beseech this court to grant the prayers sought in the Petition to stay the said criminal proceedings, compel accountability and to ensure that DIG Lagat is charged for killing my son,” he concludes. The DPP’s office has not yet publicly responded to Mr Ojwang’s accusations.
The petition raises serious questions about police accountability and Kenya's prosecutorial independence. It challenges the DPP and IPOA's decision to exclude the senior officer from prosecution and seeks court orders compelling murder charges against Mr Lagat.
Petitioners want the High Court to rule IPOA failed its mandate, potentially creating an "epic miscarriage of justice."
Their lawyer Kibe Mungai argues: "Verified information shows Albert Ojwang was detained at Central Police Station on DIG Lagat's instructions, who commanded the OCS to organise his 'discipline' through torture, beatings, and humiliation."
They allege the ongoing murder trial against six suspects at Kibera High Court constitutes a "grand conspiracy to shield DIG Lagat from accountability."
"DIG Lagat initiated Albert's abduction by complaining about Albert spreading corruption allegations, then directed DCI boss Amin Mohammed to deploy officers who arrested Albert under false pretenses,” lawyer Mungai states in court papers.
The petition names 19 respondents including the DPP, IPOA, Attorney-General, Inspector-General of Police, National Police Service, DCI, Interior Cabinet Secretary, Kenya National Commission on Human Rights, and DIG Lagat.
Among requested orders is a declaration that respondents "conspired to shield DIG Lagat from accountability for Albert Ojwang's unlawful complaint, abduction, detention, and murder."
As the High Court prepares to hear both the constitutional petition and criminal case, Albert's family remains hopeful justice will prevail.
