The father of the late Albert Omondi Ojwang, a teacher who died in police custody five months ago, has accused Director of Public Prosecutions Renson Ingonga of protecting Deputy Inspector-General of Police Eliud Lagat from prosecution.
He says there is overwhelming evidence linking the senior officer to his son’s arrest, torture and killing.
In a sworn affidavit filed at the High Court in Nairobi, Meshack Ojwang claims Mr Lagat ordered Albert’s arrest in June 2025 after the 29-year-old allegedly shared corruption allegations about him on social media.
He says Albert’s death was the result of state-enabled violence and a cover-up by powerful individuals within the security system.
Albert was arrested on June 7 at their home in Homa Bay County by officers from the Directorate of Criminal Investigations.
According to Mr Ojwang, the arrest was carried out at the direction of Mr Lagat, who was angered by the teacher’s posts linking him to graft within the National Police Service.
He says Albert was then secretly taken to Nairobi and detained at Central Police Station where he was subjected to torture and humiliation.
“My son never returned home alive. He succumbed to grievous injuries inflicted while in police custody, including blunt force trauma to the head and strangulation,” Mr Ojwang says in his affidavit.
Police initially claimed Albert died by suicide after hitting his head against a cell wall.
A post-mortem report challenged this narrative and concluded that he died from blunt force trauma and strangulation, findings that pointed to torture. Mr Ojwang has submitted the autopsy report in court as proof.
Six suspects have since been charged with murder at the High Court in Kibera.
They include three junior police officers identified as Samson Kiprotich Talaam, the OCS at Central Police Station, James Mukhwana and Peter Kimani.
Civilians John Ngige Gitau, also known as Kinara, Gin Ammitou Abwao, also known as Gilbeys, and Brian Mwaniki Njue were also charged.
None of the charges have been brought against the deputy inspector-general.
Mr Ojwang says focusing on junior officers is an attempt to protect the real mastermind.
He insists that Mr Lagat remains the key suspect and cites Senate testimony by DCI Director Mohammed Amin about Albert’s controversial transfer from Homa Bay to Nairobi for alleged cybercrime investigations.
“I believe that there has been no process that cleared DIG Lagat as the prime suspect in the death of my son,” he says. “Mr Lagat remained the prime suspect as per submissions made in the Senate by the head of DCI.”
Petition by Rights Groups
The affidavit supports a constitutional petition filed by rights activists and civil society organisations who want the High Court to compel the Independent Police Oversight Authority to publicly release its full investigation report and inquiry file.
The petitioners say the file was submitted to the DPP but failed to address the alleged involvement of Mr Lagat.
They also want the ongoing murder trial at the High Court in Kibera halted until the DPP explains why the senior officer was excluded from prosecution.
“Justice for my son will not be realised unless DIG Lagat is charged and prosecuted as the lead suspect in this matter,” Mr Ojwang says.
The petitioners argue that allowing the murder trial to continue without holding Mr Lagat accountable would be a miscarriage of justice.
Their lawyer, Kibe Mungai, says evidence shows Albert was detained at Central Police Station on Mr Lagat’s instructions.
He alleges the deputy inspector-general ordered the OCS to subject Albert to torture, beatings and humiliation.
Mr Mungai further claims the ongoing trial against the six accused individuals is part of a wider effort to shield Mr Lagat from responsibility.
He says the deputy police chief first initiated Albert’s arrest after complaining that the teacher had circulated corruption allegations online.
According to the court papers, he then instructed DCI Director Mohammed Amin to deploy officers who arrested Albert under false pretences.
The petition lists 19 respondents including the DPP, IPOA, Attorney-General, Inspector-General of Police, National Police Service, DCI, Interior Cabinet Secretary, Kenya National Commission on Human Rights and DIG Lagat.
The petitioners are seeking orders declaring that the respondents collectively worked to shield Mr Lagat from accountability for Albert’s alleged abduction, detention and murder.
The Office of the Director of Public Prosecutions has not issued a public response to the allegations.
As the High Court prepares to hear both the constitutional petition and the criminal case, Albert’s family says they remain hopeful.
They believe the courts are their final chance to uncover the truth behind the young teacher’s death and to ensure every person responsible, regardless of rank, is held to account.
