The emergence of CCTV footage linked to the death of Albert Ojwang has shifted public attention to the constitutional responsibility of the State to protect individuals held in police custody.
The footage, which has become part of the ongoing investigation, appears to capture a series of movements inside the police station before Ojwang's motionless body was removed from the holding cell and taken to Mbagathi Hospital.
CCTV Findings and the Timeline of Events
According to the footage, several individuals entered and exited the cell area before the body was carried out.
One individual was seen with what appeared to be blood on his hands, while another, described as having dreadlocks, was allegedly carrying a rope.
The recordings also show multiple police officers moving in and out of the area during the same period.
Constitutional Protections and State Responsibility in Custody
The developments have renewed discussion on the constitutional protections afforded to every person in police custody.
Under Article 29 of the Constitution of Kenya, every individual has the right to freedom and security of the person, including protection from torture and from cruel, inhuman or degrading treatment or punishment.
These protections apply regardless of the allegations a person may be facing.
Article 28 further states that every person has inherent dignity and the right to have that dignity respected and protected.
Once an individual is arrested and placed in police custody, the responsibility for their safety rests with the State through the National Police Service.
Article 49 also guarantees the rights of arrested persons, including the right to be informed promptly of the reasons for arrest, to communicate with an advocate or another person of their choice, to remain silent, and to be presented before a court within the constitutionally prescribed time.
While these rights are often associated with legal processes, they coexist with the broader obligation to ensure that detainees are kept safe in custody.
Ongoing Investigations and Legal Accountability
The CCTV footage has added another layer to investigations into Ojwang's death, with authorities expected to establish the sequence of events, identify everyone captured entering the holding area, and determine whether security protocols were followed.
The footage itself does not establish criminal liability, and any conclusions regarding responsibility will depend on the outcome of official investigations and any subsequent court proceedings.
