Hypocrisy? Matiang’i, Linked to Yala Bodies Scandal, Calls for Justice in Ojwang’s Death

The death of teacher and blogger Albert Ojwang, allegedly at the hands of police officers, has triggered a wave of public outrage and renewed calls for justice in Kenya. 

In response to the incident, human rights activists have initiated legal proceedings against Deputy Inspector General of Police Eliud Lagat, accusing him of orchestrating Ojwang's arrest, detention, and subsequent torture. The activists assert that investigative agencies have failed to act against Lagat, prompting them to seek a private prosecution. Former Interior Cabinet Secretary Dr. Fred Matiang'i has joined the chorus of voices condemning Ojwang's killing, describing it as "cold-hearted" and emphasising the urgent need for comprehensive reforms within Kenya's criminal justice system. 

Matiang'i, whose tenure as Interior CS was marked by allegations of police brutality and enforced disappearances, stresses that all accused persons are entitled to due process, and the killing represents a fundamental violation of human rights. Matiang'i says that Ojwang was a young man full of promise, a beacon of hope for his family and the pride of his parents. He expresses shock at the manner in which the teacher was killed inside a police station, calling for all officers involved in the incident to be held accountable, stressing that justice must not only be done but must be seen to be done.

President William Ruto, who assumed office in September 2022, had previously accused his predecessor's government of overseeing widespread police killings. In a 2023 interview, Ruto cited the grim discovery of bodies in River Yala and Garissa, as well as reports of detainees being slaughtered in a container at a police station in Nairobi. He pointed to these incidents as justification for his decision to fire then-Director of Criminal Investigations George Kinoti. Following Ruto's ascension to power, the Directorate of Criminal Investigations' Special Service Unit (SSU) was disbanded in October 2022, with the president vowing to end extrajudicial killings under his administration. 

However, the killing of Ojwang has raised fresh concerns about whether such promises have been fulfilled. The activists, Julius Ogogoh, Khelef Khalifa, Francis Auma, and Peter Agoro, have moved to court seeking orders to privately prosecute Deputy Inspector General Eliud Lagat. They argue that investigative agencies have failed to act against Lagat, who they accuse of orchestrating the teacher's arrest and subsequent death.

Ogogoh stated in an affidavit that the incident being complained about is so grave that it does not warrant internal police action but criminal prosecution. He expresses concern that Lagat, as the second-highest-ranking officer in the police force, could influence internal investigations and shield himself from accountability. The activists also point to statements made by Inspector General of Police Douglas Kanja, who revealed that Lagat had filed a complaint against Ojwang, leading to an expedited probe. However, they noted that no official record of the complaint was provided, raising suspicions about the circumstances surrounding the teacher's arrest.

Ojwang was reportedly picked up by police officers from his home in Homa Bay and transported to Nairobi. Two days later, authorities claimed he had died from self-inflicted injuries. However, a post-mortem examination contradicted this account, revealing that the teacher had been tortured to death. President Ruto has since called on the National Police Service to cooperate fully with the Independent Policing Oversight Authority (IPOA) and ensure a swift, transparent, and credible investigation into Ojwang's death. 

He condemns the actions of the officers involved, describing the incident as heartbreaking and unacceptable. Ruto said that the tragic occurrence, at the hands of the police, is heartbreaking and unacceptable, also stating that he strongly condemns the actions and omissions, including any negligence or outright criminality that may have contributed to his untimely death.

Matiang'i, who has declared his intention to run for president in the upcoming elections, has faced renewed criticism over human rights violations that occurred during his tenure as Interior CS. His condemnation of Ojwang's killing has been met with scepticism by some, who argue that he must also answer for past incidents of police brutality. The incident underscores the ongoing challenges in addressing human rights abuses within Kenya's security apparatus. Human rights organisations have long documented cases of enforced disappearances and police-related killings in the country. 

Kituo Cha Sheria, a legal advocacy group, has recorded over 1,200 killings and 272 disappearances since 2007. Meanwhile, Missing Voices, a human rights coalition, reported 159 cases of extrajudicial killings and enforced disappearances in 2024 alone, with police-related killings accounting for 65 percent of the incidents. The activists' petition seeks to block Lagat from accessing his office, participating in investigations, or contacting witnesses until formal charges are read against him.