The untimely and suspicious death of Albert Ojwang, a respected teacher and blogger, has sent shockwaves through Kenya’s digital rights community. The Bloggers Association of Kenya (BAKE) has issued a strong and urgent call for accountability, transparency, and justice following his death while in police custody — a case now seen as part of a worrying trend of digital repression, police brutality, and criminalization of free speech in Kenya and across East Africa.
Ojwang, who was reportedly arrested in Homa Bay County for allegedly publishing “false information” via a post on the social media platform X (formerly Twitter), was transferred over 350 kilometers to the Central Police Station in Nairobi. Shortly afterward, he was declared dead at Mbagathi Hospital. Police have claimed he suffered fatal head injuries after allegedly “hitting his head against a cell wall.” However, Ojwang’s family and civil society organizations have rejected this account and suspect foul play, citing glaring irregularities, including the unexplained long-distance transfer, lack of booking at a local police station, and the opaque circumstances of his detention.
“This is a human rights emergency,” said Kennedy Kachwanya, Chairperson of BAKE. “Albert Ojwang’s death is not just a tragic loss — it’s a reflection of a broader failure in our justice system to protect citizens, especially those expressing dissent online. We are witnessing the weaponisation of vague legal provisions to suppress digital expression, with deadly consequences.”
Ojwang’s death comes amid rising concerns over the shrinking civic space, especially targeting bloggers, journalists, and online activists. In recent years, Kenya has witnessed an escalation in cases where digital voices are silenced through arbitrary arrests, detentions, and cybercrime charges. This echoes similar crackdowns seen in Tanzania, Uganda, and Ethiopia, where governments have tightened controls on digital platforms, often under the guise of fighting misinformation or protecting national security.
What Does The Law Say Concerning Albert Ojwang Death
The charge allegedly levelled against Ojwang — “false publication” — invokes Section 23 of the Computer Misuse and Cybercrimes Act (2018), a controversial piece of legislation criticised for its vague language and potential for abuse. Human rights groups have consistently warned that such laws are being used to criminalise online dissent and journalism.
The Constitution of Kenya (2010) guarantees freedom of expression under Article 33, and freedom of the media and access to information under Articles 34 and 35. Moreover, Article 49 provides for the rights of arrested persons, including the right to be promptly informed of the reason for their arrest, to communicate with counsel, and to be presented before a court within 24 hours.
The unexplained delay in arraigning Ojwang, his secretive transfer, and the failure to safeguard his physical welfare during detention point to gross violations of these constitutional protections. The State has a duty of care over all individuals in custody — a duty enshrined in both domestic law and international human rights standards, such as the UN Convention Against Torture, to which Kenya is a signatory.
BAKE is demanding that the following steps be taken urgently:
- An expedited, transparent, and impartial investigation by the Office of the Inspector General of Police into the full circumstances surrounding Ojwang’s arrest, transfer, and death.
- Independent oversight from the Independent Policing Oversight Authority (IPOA), whose statutory mandate includes investigating deaths and injuries occurring in police custody.
- Full prosecutorial accountability, with the Director of Public Prosecutions (DPP) initiating criminal proceedings against any officers found culpable of negligence, misconduct, or excessive use of force.
- Oversight from the Ministry of Interior, ensuring that the investigation is insulated from interference and that the findings are made public.
- The immediate release of an independent autopsy report, with participation from pathologists nominated by the family and independent observers.
- A national review of detention and transfer protocols, including the implementation of
The killing of Albert Ojwang, if left unaddressed, threatens to deepen public mistrust in law enforcement and undermine confidence in the Kenyan justice system. It also sets a chilling precedent for digital expression, suggesting that voicing criticism online — even in vague or ambiguous terms — could carry fatal consequences.
Cases like Ojwang’s are not isolated. In 2021, blogger Robert Alai was arrested and charged under similar provisions of the Computer Misuse and Cybercrimes Act. In Uganda, the detention of author Kakwenza Rukirabashaija for social media posts critical of the president drew international condemnation. In Ethiopia, a growing number of journalists and digital activists have been detained without trial under anti-terror and cybercrime laws.
The patterns are disturbingly similar: weaponised cyber laws, suppression of dissenting digital voices, delayed or secretive judicial processes, and — in the most tragic cases — deaths in custody under questionable circumstances.
To be clear, the fight against online misinformation and incitement is valid. There is a legitimate need for governments to regulate digital spaces, protect the public from harmful content, and maintain national cohesion. However, this regulation must be balanced, proportionate, and compliant with constitutional rights. Vague laws such as the “false publication” clause in Kenya’s cybercrime law risk overreach, chilling free expression, and being manipulated for political ends.
Albert Ojwang’s death must become a turning point — not just for justice in his case, but for broader reforms in how Kenya polices digital speech, treats detainees, and upholds constitutional freedoms. The incident has already drawn attention from local human rights organisations and is gaining traction internationally.
Kenya has long been viewed as a beacon of democratic progress in East Africa. But continued abuses, especially targeting digital voices, threaten to erode that reputation and set the country on a path toward authoritarian digital governance.
As BAKE and other civil society groups amplify the call for justice, it is essential that the Kenyan government responds — not just with words, but with real accountability and systemic change. The life of Albert Ojwang and the rights of every Kenyan demand no less.
What IG Douglas Kanja Said About Albert Ojwang Death
Meanwhile, Inspector General Douglas Kanja confirmed that the arrest of Albert Ojwang stemmed from a formal complaint lodged by Deputy Inspector General Eliud Lagat, who alleged that Ojwang had posted false and defamatory content on social media, specifically tarnishing the DIG’s name. Kanja emphasised that the arrest was triggered by standard protocol: the DIG exercised his right, like any citizen, to file a complaint, prompting the Directorate of Criminal Investigations to act. He clarified that Ojwang was arrested at his home in Homa Bay on June 6 by DCI officers, charged with false publication, and formally booked at Nairobi Central Police Station at 9:35 pm the following night under OB number 136/7/6/2025.
Kanja stated that Ojwang was not mistreated in custody, asserting the police upheld normal procedures without using excessive force. He explained that after routine checks on the night of June 7, officers found Ojwang unconscious in his cell around 21:35, at which point he was rushed to Mbagathi Hospital in the early hours of June 8, being declared dead upon arrival. Kanja reiterated that an immediate investigation was launched by the National Police Service to determine the cause of death.
Recognising the gravity of a custodial death, Kanja said he had taken swift internal action: he ordered the interdiction of the Officer Commanding Station (OCS) at Central Police Station, the duty officer, the cell sentry, all officers on duty that night, and any others found to have been involved. He made clear that any officer who was on duty or part of the process would face suspension pending the outcome of the inquiry. He also noted that the Independent Policing Oversight Authority (IPOA) had been notified and was actively conducting a parallel investigation.
Kanja expressed empathy towards Ojwang’s family and assured that both the police and IPOA were committed to transparency and due process. The police spokesman, Michael Muchiri, echoed these sentiments, affirming the service’s commitment to accountability, human rights, and the rule of law. IPOA chairperson Ahmed Issack Hassan personally visited the station and confirmed that its officers are on-site and pursuing a thorough and impartial investigation. Kanja cautioned against any interference and said that replacements for interdicted officers must fully cooperate.
Overall, IG Kanja’s statement presented a timeline of events rooted in procedural response to a defamation complaint, stressed that no mistreatment occurred, and underscored immediate administrative and investigative measures while pledging cooperation and transparency.
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