Ojwang’s arrest was occasioned by a complaint by Deputy Inspector-General (DIG) of the Kenya Police Service, Eliud Lagat.
Suicide is most likely to be recorded as the cause of death in police custody, with the latest being the discredited explanation on the death of Albert Ojwang in Nairobi and a defilement suspect in Kisumu.
An examination of court documents touching on unresolved deaths in custody also shows involvement of police officers, including in physical confrontations, with the incidents usually surrounded by claims of cover-ups.
The court documents also show that most deaths that occurred at police stations or in a state security institutional setting will remain unresolved for years to come.
In Kericho County, for instance, the death of Jane Chepkurui at Mogogosiek police post in Bureti sub-county on February 25, 2009 is still a puzzle after the Court of Appeal ruled that no one witnessed or could tell what happened.
The pathologist who performed the post-mortem examination told the court that he could not tell from the injuries on the body if Chepkurui took her own life or whether she was strangled.
He, however, stated that the cause of death was “cardio-respiratory failure following strangling – not likely to have been self-inflicted”.
The pathologist also talked of probable rape.
Chepkurui had been arrested following complaints by her fried that she had obtained money by false pretence.
The case originated from non-payment of a Sh4,000 friendly loan.
The investigating officer told the court that it was claimed she hanged herself in the cell using a tablecloth though nobody saw the body dangling from the roof.
The tablecloth was also not part of the exhibits.
Sexually assaulted
“This appears to be false evidence intended for cover-up,” the court said.
Police officer Hassan Wafula, who was one of the accused, said Chepkurui fell sick while in the cell and was escorted to Mogogosiek Dispensary.
Mr Wafula had been charged alongside fellow officers James Ngirine and Haron Mutwima.
He told the court that the nurse at the dispensary referred Chepkurui to Kapkatet District Hospital.
But that was not what the nurse, Rose Chepngeno, informed the judge. She said Chepkurui had no signs of life when she was brought to the dispensary.
On examination, Dr Ben Kiplangat Korir concluded that the cause of Chepkurui’s death was respiratory failure caused by strangulation.
The doctor said he came to that conclusion after examining the marks on the woman’s neck. He also concluded that she may have been sexually assaulted.
“All I can say is that the woman died due to respiratory failure but cannot state who strangled her. I also found that probably there was rape because of the laceration on the private part. Laceration could not necessarily be caused only by rape,” Dr Korir said.
In Kisumu County, the death of Samson Otieno at the Central Police Station on August 31, 2019, remains a mystery.
Otieno had been apprehended on suspicion of stealing a mobile phone from a reveller at a club.
Witnesses said he appeared weak, tired and drunk at the time of arrest, but was nevertheless taken to the cell.
Physical confrontation
According to the police report, Otieno said he had been beaten but when asked if he could be taken to the hospital he maintained he was fine.
Post-mortem results showed the cause of his death to be internal bleeding direct to the spleen and liver, secondary to blunt force transmission to the abdomen.
Mr Brighton Odiga and Mr Fidel Castrol Oloo were charged with Otieno’s murder but were freed by Justice Shariff Mwanaisha Saida for lack of evidence. The two were guards at the club.
“Whereas Otieno suffered injuries, no one could tell those responsible. I, therefore, find that the prosecution has failed to establish a prima facie case to warrant putting the accused persons on their defence and hereby acquit them,” Justice Saida said.
In Kisii County, a resident named Bramwel Jimmy Chikunza died in unclear circumstances following a fight with officers at Kisii Police Station on the night of December 19, 2020.
Chikunza had accompanied his friend, Wycliffe Omondi, whose wife had been arrested. Mr Omondi wanted to be informed if he could bail her out.
A commotion ensued when the officers on duty stopped the two men from talking to the woman. The officer insisted that visiting hours were over.
It led to a physical confrontation with the police officers. Mr Omondi and Mr Chikunza were arrested and booked as “unknown” since they refused to provide their names.
Later, Mr Omondi said he had demanded to see his wife as it was within his rights. He added that a female police officer got agitated when he made the demand.
As he confronted the police officers, Chikunza sustained injuries which led to his death. An officer named Boniface Maubi was charged with murder but was freed.
Strangulation and cover up
Justice Rose Ougo found that the prosecution did not establish that Mr Maubi the patrol officers formed common intention to kill Chikunza.
Cpl Anne Owino, the investigating officer, said Chikunza died in unclear circumstances and the matter was reported to the same police station.
She added that after the confrontation, Mr Maubi – who was in civilian clothes – kicked Chikunza in the stomach. He died at Nyanchwa Hospital.
She explained that two identification parades were conducted but Mr Omondi complained that the parade was done in an area that was not conducive as his friend had died at the station.
She said the incident took place during Covid-19 period and she could not tell if the accused wore a mask.
When Const David Kanyi’s lover Judy Wanja was found hanging outside his house at Makupa, Mombasa, it was claimed that she had killed herself.
Wanja’s body was found on the night of October 2, 2017 hanging on a curtain that was fixed on the door of Mr Kanyi’s house, which was locked from inside.
The previous night, she had a disagreement with Mr Kanyi after she arrived from her sister’s place.
Her death at the police lines is still unresolved. The court found that the two theories advanced by the Directorate of Criminal Investigations – strangulation and cover up – were not supported by the evidence.
An officer living at a nearby house said he heard the couple quarrelling around midnight.
The officer said there was a third person interjecting, adding that he heard items being thrown out and Mr Kanyi’s door being locked.
Mr Kanyi was given a 13-year prison term by Justice Njoki Mwangi for manslaughter, but was set free on December 16, 2022 following appeal.
