Mukhwana: I was following my boss' orders

The Standard has obtained damning witness testimonies that lifts the lid on an elaborate and chilling plot involving senior police officers in the death of blogger and teacher Albert Ojwang’ while in police custody on June 7.

According to a sworn statement recorded by Police Constable James Mukhwana who is now the key suspect detained at Capitol Hill Police Station, the fatal assault on Ojwang’ was premeditated, sanctioned by his superiors, and allegedly carried out under the express orders of the Deputy Inspector General of Police (DIG), Eliud Lagat.

To facilitate the act, Mukhwana claims he was given Sh 2,000 to give remandees. The money was allegedly used to buy alcohol for the inmates who were assigned the task.

Mukhwana, who awaits a court decision on June 20 on whether he will be released on bond, made the revelations before Independent Policing Oversight Authority (Ipoa) investigators, painting a shocking picture of complicity, cover-up, and coercion within the police chain of command.

“Ni amri kutoka kwa mkubwa. Huwezi kataa amri ya mkubwa. Ukikataa kuna kitu inaweza kukufanyikia,” (It is an order from the boss. You cannot decline an order from your superior. If you refuse, something may happen to you), Mukhwana quoted his boss, Chief Inspector Samson Talaam, the Central Police Station OCS. 

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In his detailed statement, Mukhwana alleges that the plan to “discipline” Ojwang’ was hatched hours before his arrival at the station, during a closed-door meeting with the OCS and Deputy OCS.

The OCS allegedly instructed him to identify inmates willing to rough up a suspect who was to be brought in by officers from the Directorate of Criminal Investigations (DCI) later that evening. “Nataka uende celi uangalie wale wamekaa rumande uwambie kuna kazi nataka wafanye kuna mahabusu analetwa wamushughilikie kidogo.” (I want you to go to the cell and look at those who have been in remand for long, tell them there is work I want them to do, there is a prisoner being brought in, take care of him), Mukhwana claimed the OCS instructed him.

When the DCI officers arrived around 9.10 pm in a black Subaru with Ojwang’ in handcuffs, Mukhwana told the Ipoa investigators, he was called and handed over a phone, on the other end of the call was the OCS, who told Mukhwana that the suspect had arrived.

Shortly after Ojwang’ was booked into the cells, the OCS allegedly called Mukhwana, instructing that the beating should be serious enough to cause visible injuries requiring hospitalisation.

“I called Talaam and asked him the extent of the beating that was needed he told mtu apigwe apate majeraha apelekwe hospitali,” stated Mukhwana.

Moments later, Mukhwana recounts, four inmates, including Colins Iter, Gil Ammiton, Brian Mwaniki, and Erick Ndambuki, dragged Ojwang’ into the last cell opposite the toilets.

“I could hear the screams from the cell.’’

In the statement, Mukhwana portrays himself as a pawn in a system where refusal to obey unlawful orders could mean career sabotage or worse.