The death of Albert Ojwang’, an activist and secondary school teacher from Voi, has sparked national concern and renewed public scrutiny of how law enforcement handles arrests.
Ojwang’s case began when he was reportedly arrested by officers from the Directorate will of Criminal Investigations (DCI) in Homa Bay on Friday, June 6, 2025, following a complaint by the Deputy Inspector General of Police, Eliud Lagat.
The complaint was tied to alleged false publications on social media platform X. He was later transported to Nairobi for further interrogation at DCI Headquarters. By Saturday, he had been transferred to Central Police Station. Sadly, Ojwang was later pronounced dead while in custody.
While police initially reported that Ojwang attempted to take his own life inside the cell, disturbing reports from family members and civil society point to visible injuries on his head, hands, and shoulders, raising further questions about the true circumstances of his death.
As investigations continue, there is a growing public conversation about what rights individuals are entitled to if arrested in Kenya, even under suspicion of an offense.
Arrest Is Not a Suspension of Human Rights
According to Article 49 of the Constitution of Kenya, being arrested does not strip a person of their legal protections. Arrested individuals retain a series of rights that are intended to ensure fair treatment under the law, whether the offense is physical or digital.
Here are 6 core rights every arrested person still has under Kenyan law:
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Right to Be Informed of the Reason for Arrest
Immediately upon arrest, a person must be told why they are being detained. This should be communicated in a language they understand. The goal is to make sure the arrested individual is not held in confusion or darkness regarding the charges or accusations against them.
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Right to Remain Silent
The Kenyan Constitution protects individuals from self-incrimination. A suspect has the right not to speak or confess to any crime. Law enforcement officers cannot compel someone to talk or make a statement without their free will.
This is particularly relevant in high-pressure interrogation environments, such as the ones often reported in cases involving digital activity or national security.
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Right to Legal Representation
Everyone has the right to communicate with and be represented by an advocate. This right is critical to ensuring that the arrested individual receives legal guidance and is not unfairly coerced during investigations.
Additionally, if a person cannot afford legal representation, the State is required to provide one in serious cases.
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Right to Bond or Bail on Reasonable Conditions
This means that after being arrested, a person has the right to be released while waiting for their case to be heard in court—either through bond (money paid to secure release) or bail (a promise to appear in court). They should only be denied release if there are strong, legal reasons, such as being a flight risk or a danger to the public.
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Right to Be Brought Before a Court Within 24 Hours
The law requires that an arrested person be brought before a court “as soon as reasonably possible,” and no later than 24 hours after the arrest. If the 24-hour window lapses on a weekend or holiday, the person must be presented in court on the next working day.
This rule aims to prevent unlawful detention and ensure that due process is followed from the moment of arrest.
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No Remand for Minor Offences
If someone is arrested for a minor offence that can only lead to a fine or a short jail term (six months or less), they should not be kept in custody. Instead, they should be allowed to go home while their case is being handled. This prevents people from being locked up unnecessarily for small offences.
The Need for Transparency and Accountability
While the details of Ojwang’s arrest and death are still under investigation, the public outcry highlights the importance of transparency in law enforcement.
Organizations representing civil society, legal professionals, and teachers’ unions have demanded a comprehensive investigation into what occurred during his time in custody.
At the center of these demands is a plea not just for justice, but also for clarity on whether Ojwang was afforded the rights guaranteed to all arrested individuals under the Constitution.
