The murder trial over the death of detainee Albert Ojwang took a dramatic turn on Monday, July 20 after the Director of Public Prosecutions (DPP) told the High Court that Ojwang was tortured and killed while in police custody, as witnesses detailed how crucial CCTV footage from Nairobi Central Police Station was allegedly erased before investigators could access it.
Appearing before the Kibra High Court, DPP Renson Ingonga said investigations had established that Ojwang's death resulted from a planned assault while he was being held at Nairobi Central Police Station, contradicting initial police claims that he died after hitting his head against a wall.
According to the prosecution, Ojwang was assaulted with a blunt object before being strangled to death while in custody.
Ingonga told the court that medical evidence would show Ojwang sustained blunt force head injuries, neck compression and multiple injuries across his body, findings the prosecution argued were inconsistent with the original police account of his death.
The DPP further alleged that CCTV footage from the Officer Commanding Station (OCS) office was deleted and the station's Digital Video Recorder (DVR) formatted before investigators could retrieve the recordings in what prosecutors described as an attempt to conceal crucial evidence.
According to the prosecution, the missing footage was critical because it could have revealed what transpired while Ojwang was in custody and identified those present in the hours leading up to his death.
The court later heard testimony from three prosecution witnesses, including two protected witnesses, as the Office of the Director of Public Prosecutions continued presenting evidence against six suspects charged over Ojwang's death.
Those facing trial are former Nairobi Central Police Station OCS Samson Kiprotich Taalam, James Mukhwana, Peter Kimani, John Ngige Gitau, Gin Ammitou Abwao and Brian Mwaniki Njue. All have denied the charges.
A protected witness, identified only as DAN, told the court they had installed the station's CCTV surveillance system in 2024 before being summoned to the station on June 8, 2025.
The witness testified that after arriving at the station, they were escorted to the OCS's office and instructed to delete CCTV footage recorded on June 6 and June 7. However, the witness explained that deleting recordings for only those specific dates was technically impossible. Instead, DAN said the entire DVR had to be formatted.
The witness told the court that after receiving approval from the OCS, they logged into the system using the records office credentials, confirmed that footage for the two dates existed and proceeded to format the DVR without watching the recordings.
After completing the task, the witness testified that former OCS Taalam paid them Ksh3,000 in cash.
The court further heard that the witness was later instructed to return with two hard disks but was subsequently informed they were no longer required. Despite this, the witness said they had already purchased the storage devices and were paid Ksh20,000.
Later that day, the witness testified, a records officer informed them that their contact details had been shared with the Independent Policing Oversight Authority (IPOA). The witness was arrested on June 13, 2025, before recording a statement with investigators.
During the hearing, the witness identified Taalam, the DVR and two sealed hard disks produced as exhibits.
A second prosecution witness, CCTV technician Aaron Okwako, also testified about the surveillance system. He told the court he was called to Nairobi Central Police Station on June 9, 2025, after IPOA officers requested technical assistance.
According to Okwako, he found the DVR in the OCS's office disconnected from the power supply. Once it was reconnected, it resumed recording, but the footage investigators were seeking was missing.
Based on his examination, Okwako concluded that the DVR had most likely been formatted rather than selectively edited, making recovery of the deleted recordings impossible.
He also identified photographs of the OCS's office, the DVR and the CCTV display system that were produced as exhibits.
The third prosecution witness, a protected records officer identified only as AA, testified that they reported for duty on the morning of June 8, 2025, and were informed by the OCS that a detainee had died inside the police cells.
The witness told the court that they later reviewed CCTV footage together with the Deputy OCS and allegedly saw Police Constable Kimani accompanied by two unidentified individuals walking towards the last cell.
According to the witness, the three later emerged carrying what appeared to be a heavy object before returning towards the same cell. "I could not identify the object being carried," the witness testified.
The prosecution maintains that the alleged deletion of CCTV footage formed part of a wider effort to interfere with evidence surrounding Ojwang's death.
The hearing before Justice Diana Kavedza is set to continue on Tuesday, July 21, as prosecutors call more witnesses in a bid to prove that Ojwang was deliberately assaulted while in custody and that attempts were made to conceal evidence after his death.
