Rotten at the top: Inside the deadly secrets of Central Police Station

The brutal killing of Albert Ojwang’ at the hands of police has ripped off the veil on the deep-seated rot within the National Police Service and unmasked the entrenched highhandedness and systemic cover-ups that have for ages characterised the service, as well as a collapse of command at the highest levels.

The Standard has obtained fresh details from witnesses within police units that could place top cops including Deputy Inspector General (DIG) Eliud Lagat, Central Officer Commanding Station (OCS) Samson Talam, and cell sentry Constable James Mukhwana at the heart of a plot that may have led to the execution of Ojwang’.

To date, the Independent Policing Oversight Authority (IPOA) has summoned, interrogated, and recorded statements from over 20 individuals in connection with the death of Ojwang’. However, the authority is yet to question DIG Lagat, the man identified as the complainant in the case.

Lagat, a man under siege, stepped aside yesterday to allow for investigations into his conduct. It was not immediately clear whether he took the step after recording a statement or not.

In his first press briefing on the matter, Inspector General of Police Douglas Kanja stated that his deputy, Lagat, was the complainant. Yet, to date, no Occurrence Book (OB) entry has been publicly presented to confirm that Lagat followed proper procedure by formally reporting the issue through a gazetted police station.

“An OB is essential in this case. The DIG must demonstrate that he reported the complaint at a gazetted police station to initiate investigations. Anything short of that, whether a letter or verbal complaint, cannot hold water. There has to be a lawful basis for this ‘high-profile arrest’ to have occurred. That is the standard procedure,” explains security analyst George Musamali.

Investigations by The Standard have established that since cell sentry Constable James Mukhwana signed in at 6:00 am on May 31, he had not officially signed off duty at the Central Police Station. Although he is yet to be interdicted, Mukhwana became the first officer to be arrested and arraigned in connection with the death of Ojwang’.

He was scheduled to sign off at 6:00 pm, but on this particular day June 7th, he curiously extended his shift, reportedly on orders from his seniors. Whether knowingly or not, Mukhwana found himself playing a role in what is emerging as one of the worst police cover-ups in recent memory, that has triggered a flood of scrutiny on the Kenyan police service.

Sh2,000 tip

Ordinarily, a typical shift at Central Police Station involves two cell sentries responsible for guarding and managing the holding cells, where dozens of city detainees are held. 

Their duties include keeping records of individuals admitted, released, or transferred. On this day, Mukhwana was paired with Constable Leonard Kiprotich. While Kiprotich signed off at the appointed hour, Mukhwana did not.

Sources say Mukhwana was under strict instructions to remain on duty until a “special guest” was booked into the cells. That special guest turned out to be a young teacher from Homa Bay, Albert Ojwang’, who had reportedly clashed with DIG Lagat.

“Ojwang’s death raises and confirms several fears that we have held in our minds and hearts for a very long time, that police commit offences against the public, that they have been directly involved in forced disappearances and extrajudicial killings and then cover up,” observes Chris Otieno, a Nairobi based security consultant.

Whether Mukhwana had foreknowledge of Ojwang’s arrest remains unclear. The Standard could not independently verify this. Nonetheless, insiders suggest such compliance with unofficial instructions is not unusual for junior officers.

“He confessed to us to have been sent some Sh2,000 by some senior officer and while waiting for the special guest, he went to the police canteen to enjoy his favourite drink - Gilbey’s,” a police source disclosed. “Since this was clearly beyond his working hours, he indulged with reckless abandon while awaiting the special assignment.”

By the time night duty officers, Police Constables Peter Kimani and Sadan Alio arrived, Mukhwana was still on post. Kimani is said to have recorded Mukhwana’s conduct on his phone. Sensing something was amiss, Kimani reportedly declined to take over the shift.

On the night Ojwang was booked at Central, Nairobi Central OCPD Stephen Okal allegedly left the station around midnight, an unusually late departure. This has raised questions about whether he was privy to the events that unfolded.

Mukhwana is said to be a close ally of OCS Samson Talam. In police circles, they have a name for such officers, “Stapol wa OCS”, loosely translated as staff of the OCS.

“An errand boy, to be blunt. Every boss has one to get things done. It’s not an official post, more informal and mostly unspoken,” said a source at the station.

In a shocking confession to colleagues, Mukhwana admitted he had contemplated suicide once the situation appeared spiraling out of control. “During his first interrogation by IPOA, he was visibly depressed. We took him to the GSU police canteen near KBC to talk to him. He opened up about wanting to end his life, and he looked serious,” recounted a source.

“As colleagues, we urged him to get a lawyer and follow due process instead of doing anything drastic,” the source added.

It was on his way to a second appearance before IPOA that Mukhwana was apprehended by officers from the Internal Affairs Unit (IAU) and IPOA, then taken to Capitol Hill Police Station. He was presented in court, where IPOA sought permission to detain him for 21 days pending investigations. The court is expected to rule on the matter on June 20.

No off-duty

OCS Talam, through his lawyer Danstan Omari, has argued that on the night Ojwang’ died, he had officially handed over duties to his deputy.

But that argument is likely to be discounted and could still pin responsibility on the OCS, according to the provisions of the National Police Service Standing Orders No. 13, the OCS “shall not regard himself as off duty unless on authorised leave or duty elsewhere,” a provision that emphasises the station commander’s continuous and non-transferable responsibility.

While an OCS may delegate certain operational tasks to a deputy or the next senior officer, Standing Order No. 12 clarifies that such delegation must be properly documented in the station diary and communicated in writing to the superior command.

“In the police service, you are an officer 24 hours a day. Even when you’re on leave, you can still arrest someone breaking the law in your locality, and the calling is even higher for an OCS,” stated Musamali.

“Police standing orders are vividly clear, you cannot delegate your responsibility casually or momentarily. You remain in charge unless the handover is properly documented. So the Central Police OCS cannot argue that he was off duty when things were happening,” he explained.

Several theories have been floated as to how the late Ojwang’ may have met his death. Some point to torture inside the cell room, while others suggest that this may have occurred outside the station during a temporary removal from custody that was not officially recorded.

An officer speaking anonymously cast doubt about claims of Ojwang being tortured in the cells “I’ve spoken to some inmates who were in the cells at the time. None of them heard or saw anything suspicious. The theory of a temporary removal from custody seems plausible, but let’s wait for the investigations to conclude.”

Sources say the unfolding events at Central Police Station have quietly reopened long-standing divisions between officers from the regular police and the Administration Police (AP). Although the two were officially merged in 2018 under then-President Uhuru Kenyatta as part of sweeping reforms aimed at unifying command and eliminating duplication, the internal lines remain distinctly separate.

“Mukhwana came from the AP side, and there’s a feeling among some of his colleagues that those from the regular police are scapegoating him. The merger exists on paper, but when issues like this arise, officers begin to regroup along old lines,” said a source familiar with internal dynamics.