Former Chief Justice David Maraga Sunday condemned the death of teacher Albert Ojwang and demanded action on those found culpable.
Maraga said the tragic death of Albert which occurred in police custody leaves the country shaken, yet again, at what has become a constant wave of state-sponsored violence against young Kenyans.
“Albert was held at Central Police Station, Nairobi, without being formally booked which is a violation of due process that raises serious legal and moral questions.”
“The explanation offered by the Director of Corporate Communication for the National Police Service claiming he injured himself in the police cells, by hitting his head on the wall, is wanting and demands immediate and independent investigation,” he said.
He added Albert’s death is a stark and painful reminder of the dangers faced by Kenyans who express dissent and the deadly consequences when state power goes unchecked.
Equally concerning is the continued detention of Kelvin Moinde, who was also arrested over online posts linked to the same news piece, he added.
“The idea that one can be arrested merely for expressing an opinion online is deeply troubling. It undermines not only our Constitution, but the very fabric of a free and open society,” he added.
He said digital rights must be protected as human rights to ensure the freedom of expression and access to information.
“That this regime can kill, kidnap and torture anyone over the use of digital spaces speaks to the government’s loss of legitimacy.”
“These are not isolated incidents. They are a pattern of repression and the use of fear to suppress constitutional provisions,” he said.
He added none of this State-sponsored repression will make Kenyans cower in fear.
“Our goal to reset the nation to the rule of law, to rebuild our institutions; and to restore humanity is undying. I call on the relevant authorities to uphold the Constitution and act swiftly, transparently, and justly in addressing these grave matters.”
Albert was found with head injuries in cells after what police termed as self inflicted injuries. He was rushed to Mbagathi hospital where he was declared dead on arrival.
Police said they are investigating the death.
Amnesty said no Kenyan should lose their life in police custody, and those entrusted with their protection.
He was the only son in the family and came from Humabay county.
He had a baby aged two months. He was a trained teacher and worked in Voi at a private school.
He had come home for the weekend when he is said to have posted a message deemed derogatory on his X page.
He was driven to Nairobi and booked at the Central police cells by a team of detectives from Directorate Criminal Investigations headquarters for grilling.
Police said Ojwang died by suicide.
He was alone in a cell when he was found with serious head injuries he inflicted on himself, police said.
He was rushed to Mbagathi Hospital where he was pronounced dead.
