The ‘Justice For Albert Ojwang’ call has received another boost on Sunday evening with city lawyer Willis Otieno coming out guns blazing with three questions or rather missing information regarding the brutal murder of blogger and teacher Albert Ojwang.
Posting on his X account, the lawyer said the arrest and transfer of Ojwang from Homa Bay to Nairobi was illegal and went against both the Constitution and police procedures.
Firstly, Otieno said the arrest violated Article 49(1)(f) of the Constitution which gives any arrested person the right to be taken to court as soon as possible and in any case not later than 24 hours. In Ojwang’s case, there is no record that he was ever presented before a court.
Additionally, he said police standing orders require that any person arrested in one region must be booked at the nearest police station before being moved. There must also be written requests, approvals and records showing why and how the transfer happened. Otieno pointed out that there is no evidence that Ojwang was booked at Mawego Police Station or any other in Homa Bay.
Lastly, the lawyer questioned why there is no court order from Homa Bay authorizing Ojwang’s transfer to Nairobi. According to him, the law is clear that any such movement must be sanctioned by a magistrate before it happens.
He termed the entire operation an unlawful abduction disguised as an arrest.
Otieno went further to say that what happened amounts to criminal acts including unlawful detention, abuse of office and conspiracy to commit murder. He added that all those who gave the go-ahead or took part in the operation must be held accountable individually and as part of the police command structure.
His remarks have intensified public pressure as more Kenyans demand full accountability and justice for Albert Ojwang.