Director of Criminal Investigations (DCI) Mohammed Amin has explained the circumstances that led to the transfer of Albert Ojwang from Homa Bay to Nairobi, following public concern over the move and the events surrounding his subsequent murder.

Speaking when he appeared before the Senate on Wednesday, DCI Amin stated that the transfer was guided by jurisdictional requirements, citing that the alleged offence had been committed in Nairobi, even though the arrest was carried out in Homa Bay.

“The CPC Section Cap 75 is very clear on the places of trial and jurisdiction. Ordinary places of the trial for an offence is determined where the offence was committed. Our courts also do have jurisdictions…” Amin told the Senate.

With the alleged offence being cybercrime-related, DCI Amin noted the complexity of determining where such offences are committed, given the nature of digital spaces and mobility.

Addressing remarks from Kakamega Senator Boni Khalwale, who had questioned the legality of the transfer without a court order, Amin clarified that a court order is not required when moving a suspect from one police jurisdiction to another.

“We do not require a court order to move a suspect from one police jurisdiction to another police jurisdiction. The deceased was booked in and later booked out of Mawego Police Station at 1600 hours and booked into Central Police Station at 2132 hours,” Amin said.

Regarding concerns over CCTV footage, Amin explained that Mawego Police Station had only recently been elevated from a police post, and surveillance systems had not yet been installed. He added that the DCI does not operate offices in Mawego.

Amin also told the Senate that three minutes after being booked, Ojwang was allowed to speak to his wife.

On the matter of his transport, Amin confirmed that Ojwang was driven directly from Homa Bay to Central Police Station in Nairobi in a Subaru Forester registered to the directorate. He stated that there was no rerouting to other destinations.

“From Homa Bay, he was taken straight to Central Police Station where he was booked and not DCI headquarters as alleged,” he clarified.

The DCI boss concluded by stating that the booking process was done digitally, leaving no opportunity for manual interference or manipulation.