What Happened to Albert Ojwang: A Breakdown of the Legal Process and Where It Went Wrong

🕯️ Introduction

On June 8, 2025, Albert Ojwang — a young Kenyan and outspoken voice on X (formerly Twitter) — was declared dead upon arrival at Mbagathi Hospital. Days earlier, he had been arrested for comments made on his social media account alleging corruption against a senior police officer.

His death in police custody has sparked public outrage and fresh scrutiny on how state power is exercised against citizens online. At Sheria AI, we are committed to helping Kenyans understand their rights and the law. This article breaks down the events and examines what went wrong — legally and constitutionally.

📆 A Timeline of Events

• June 4, 2025: DIG Eliud Lagat files a complaint with the DCI over posts alleging he is under EACC investigation.
• June 6, 2025: Albert Ojwang is arrested in Homa Bay by officers from the Serious Crimes Unit.
• June 7, 2025: He is transported to Nairobi and placed in custody.
• June 8, 2025: Found unconscious in police cells and declared dead at Mbagathi Hospital.

⚖️ Step-by-Step Legal Analysis

1. Was the Arrest Legal?

Applicable Law: Computer Misuse and Cybercrimes Act, 2018

Ojwang was reportedly arrested under the provisions of the Cybercrimes Act, which criminalizes false publications under Section 22 and cyber harassment under Section 27.

However, the law requires a high threshold:

• Proving intent to cause harm
• That the information was knowingly false
• That no public interest was served by the post

💡 Legal Flaw: The EACC confirmed that DIG Lagat was not under investigation — but this was verified after Ojwang’s post. If he reasonably believed the information was true, criminal liability becomes questionable.

Sheria AI Insight: The Constitution protects freedom of expression under Article 33, including opinions on public figures, unless they amount to incitement, hate speech, or defamation.

2. Was Due Process Followed in His Arrest?

Applicable Law:

• Article 49 of the Constitution: Rights of arrested persons
• National Police Service Act, Section 58–60

Rights violated:

• 49(1)(a): Right to be informed promptly, in a language he understands, of the reason for arrest.
• 49(1)(c): Right to communicate with an advocate or other person.
• 49(1)(f): Right to be brought before a court as soon as reasonably possible, but not later than 24 hours after arrest.

Ojwang was arrested on June 6, and died on June 8 — without ever appearing in court.

⚠️ This is a clear violation of constitutional protections.

3. Death in Custody: Who Is Accountable?

Applicable Law:

• Article 26: Right to life
• Article 29: Freedom and security of the person (including freedom from torture or cruel treatment)
• Section 25 of the National Police Service Act: Duty to protect life and dignity of all persons in custody

According to reports:

• Ojwang was last seen alive at 9:17 p.m. on June 7.
• He was found unconscious on June 8 during a routine check.

No credible explanation has been given for what happened between those hours.

💡 In criminal law, when a person dies in custody, the burden lies on the State to prove there was no foul play. Any neglect or abuse is a direct violation of Article 29(d) — freedom from cruel, inhuman, or degrading treatment.

🚨 Where the System Failed

Abuse of State Power: Allegations on social media do not automatically justify arrest without rigorous legal threshold.

Violation of Due Process: Ojwang was not presented in court within 24 hours, nor allowed legal representation.

Failure of Duty of Care: The State failed to protect a detainee’s life — a constitutional and international human rights violation.

Weaponization of Cybercrime Laws: Misuse of the Cybercrimes Act to intimidate or silence critics, especially without applying public interest exceptions.

🧭 What Kenyans Must Know

Sheria AI urges all citizens to remember:

• Freedom of speech is protected — especially when it relates to public officials.
• Cybercrime laws are not meant to stifle accountability or whistleblowing.
• You have the right to legal counsel, communication with family, and humane treatment at all times.

If arrested:

• Demand to be told why.
• Demand access to a lawyer.
• Demand to be taken before court within 24 hours.

If these are denied, they are constitutional violations — and you can seek redress.

🗣️ Conclusion: Justice Must Be Seen

Albert Ojwang’s case is more than just a tragedy — it is a mirror of what happens when unchecked power meets an uninformed citizenry. But that can change.

At Sheria AI, we are committed to empowering you with legal knowledge, real-time guidance, and constitutional defense — right from your phone.

🛡️ Because in a country where rights are threatened, legal awareness becomes your first line of defense.

#JusticeForOjwang
#KnowYourRights
#SheriaAI