The African Commission on Human and Peoples’ Rights (the Commission) follows with deep concern reports on the death in police custody of Mr. Albert Omondi Ojwang, a 31-year-old Kenyan teacher, while being held at the Nairobi Central Police Station.
Reports reaching the Commission indicate that Ojwang was arrested after Kenya’s Deputy Police Chief complained about a social media post 'tarnishing’ his name. There were no indications of the victim having been brought to a court of law or a charge having been instituted against him. All indications were also that the victim did not have prior conditions to lead to his death, which, from all indications, resulted from conditions of detention subsequent to this arrest.
The African Commission deplores the death of Mr Mjwang while in custody of a state agency that has full responsibility for the safety of people under its custody.
The Commission in particular finds troubling and distressful the reports on the finding of the post-mortem conducted on the body of the victim that he was hit on the head and his death was likely to have been caused by assault, indicating the culpability of those responsible for his treatment while in detention.
The African Commission notes the announcement of the Independent Police Oversight Commission that it has initiated investigations into death in police custody and underscores the imperative for prompt, transparent and independent investigation into the conditions that led to the death of Mr Mjwang.
The African Commission underscores that States Parties to the African Charter on Human and Peoples’ Rights are legally obliged to ensure respect for life and the integrity of his one’s person under Article 4; protection against torture, cruel, inhuman or degrading treatment under Article 5; guaranteeing the right to liberty and protection from arbitrary detention under Article 6; the right to due process of the law under Article 7; and the right to freedom of expression under Article 9.
In this regard, the Commission urges the Government of the Republic of Kenya to:
1. Institute an independent judicial commission of inquiry for prompt, transparent and impartial investigation into the death of Mr Mjwang;
2. Ensure that all law enforcement officers found responsible are held accountable in accordance with national and international legal standards;
3. Review the standard of conduct of law enforcement officers in the treatment of detained persons and institute monitoring and accountability systems relating to the handling and treatment of detained persons in the custody of state agencies;
4. Provide effective remedies and reparations to the family of Mr. Ojwang;
5. Adopt and enforce concrete measures to prevent similar such occurrences of torture and custodial violence, including through strengthened oversight mechanisms and police accountability systems.
The Commission reaffirms its commitment to fully collaborate with the Republic of Kenya in fulfilling its obligations under the African Charter and other international human rights instruments and expresses its full support for Kenya in implementing the necessary steps for adequate remedy, full accountability and guarantee non-recurrence.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on the Human Rights Situation in the Republic of Kenya
Honourable Commissioner Maria Teresa Manuela
Special Rapporteur on Prisons, Conditions of Detention, and Police Action in Africa
Honourable Commissioner Idrissa Sow
Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary, or Arbitrary Killings, and Enforced Disappearances in Africa
Done this 12th day of June 2025
