Why police did not even attempt to keep Ojwang alive

Before he drew his final breath, Albert Ojwang’ was abandoned to die without even the faintest attempt to resuscitate him—denied the most basic chance at survival.

In a damning and comprehensive autopsy report shared exclusively with his family but seen by The Standard, a team of five pathologists lays bare the chilling inhumanity that may have surrounded Ojwang’s final hours.

The medical findings paint a picture of a man left to perish alone after being tortured in the narrow confines of a police cell—or outside—between 9:35 p.m. and 1:35 a.m., according to timelines provided by officials.

“No evidence of medical intervention detected during the extensive post-mortem examination,” reads the report in part.

 “That could imply a lot of things, including that no signs were noted even of resuscitation or first aid, indicating that he could have been left to die, or was already dead before arrival at the hospital,” explained a city pathologist who requested anonymity due to the sensitive nature of the investigation.

In his confession through written statements at IPOA, cell sentry Constable James Mukhwana indicated that at around 2200 hours, he intervened to stop the beatings on Ojwang’ by the paid-up goons, and by this time, he says, blood was oozing from his mouth.

“I told Kimani (cell sentry) to inform IP Ng’ang’a (Deputy OCS) to take the suspect to the hospital, it was around 2200 hours,” confessed Mukhwana.

 This information by Mukhwana, if it is to be relied upon, is critical and could point to several important aspects in this puzzle.

The CCTV footage that captured uniformed police officers ferrying Ojwang’ to Mbagathi Hospital recorded the arrival of a police van at 0135 hours—a difference of about three and a half hours.

What does this time-lapse mean for a man who was oozing blood from the mouth, as Mukhwana observed? Did the beating continue? Did anyone care to offer first aid or attempt resuscitation? The autopsy finds no evidence to that effect.

“They wanted him dead, no doubt about it. Tortured and left for dead, that’s what we are seeing here,” stated family lawyer Julius Juma.

The autopsy, conducted at City Mortuary on 10 June by a team of five pathologists representing the State, the family, and rights groups, concluded that Ojwang’ died from head injuries, with evidence of strangulation and multiple bruises on his body.

“There is strong evidence that the cause of death of this young man was due to the involvement of other person/s and can be classified as a death in police custody,” stated the report.

According to the report, there were extensive petechial haemorrhages over the eyelids (many small spots of bleeding under the skin or in tissues caused by tiny blood vessels [capillaries] bursting), and peripheral cyanosis (fingers, toes or lips turning a bluish or purplish colour due to a lack of oxygen-rich blood)—both of which are normally indicative and common signs of death by asphyxiation.

There was no evidence of natural disease in Ojwang’, the report further stated. More clues in the report that could interest investigators include the finding that there were moderate amounts of partly digested food material in his stomach. This could offer insights into the timeline of death.

Experts we spoke to told us that if partly digested food is found in the stomach during an autopsy, it can help estimate how long before death the person had their last meal since digestion follows a predictable timeline.

“Typically, food remains partly digested in the stomach for about 2 to 6 hours. Therefore, the presence of such food often suggests that the person likely died within a few hours after eating,” said a medical doctor who sought to remain anonymous.

 It is unclear when Ojwang’ had his last meal, but his father reported that Ojwang’ was arrested while eating under a tree shed in Homa Bay. If these scientific facts hold water—and given that Ojwang’s wife is on record saying she last spoke to him at 9:24 p.m. that day—it suggests he ate again that evening.

Also, DCI Mohammed Amin, during his grilling over the matter, stated that DCI officers offered Ojwang food while in Narok.

“So humane were the officers that while at Narok, Ojwang asked for refreshments, a rare privilege for suspects in custody, and his wish was granted,” Amin said.

 Security analyst George Musamali avers that this is a further reason why the investigation must be comprehensive.

“This is the reason why toxicological tests are normally necessary, to analyse even the kind of substances he indulged in, in terms of food,” said Musamali.

 According to the autopsy report, selected tissues were sampled for toxicological testing, drawn from the stomach, liver, kidney, blood, vitreous humour, urine, and nail clippings.

Additionally, the report indicated that there were extensive bruises all over the body due to blunt object/s—further evidence that Ojwang’ was subjected to untold torture before his death.

“These injuries were not self-inflicted. There was involvement of other person/s in the death of this young man,” the report concluded.

 Moreover, there were also injuries over the knuckles and upper forearm, best described as self-defence injuries—common during fights or when somebody is being beaten and reacts instinctively, as self-defence is a reflex action.

Amidst the inconsistencies and the search for justice, Ojwang’s family now says they are planning to inter him sometime towards the end of the month.

“We are soon going to be clear on when he will be rested, but it can only be around the end of the month or even the beginning of the next month,” stated family lawyer Juma.