Embattled Deputy Inspector General of Police Eliud Lagat and Erick Ndambuki, one of the remandees, claimed to have participated in the murder of Albert Ojwang’ have been dropped from the list of suspects.

Following public pressure, Lagat stepped aside and ultimately recorded a statement before the Independent Police Oversight Authority (Ipoa), which opted not to recommend charges against him.

Further, although Ndambuki had been adversely mentioned in Police Constable James Mukhwana’s damning statement before the Ipoa, he too was yesterday not among those who appeared before High Court Diana Mochache to face murder charges.

Lagat’s lawyer, Cecil Miller, said the DIG told Ipoa that he had nothing to do with the murder. According to him, his client explained to the Isaac Hassan-led authority that he only complained about the teacher, just like any other Kenyan, but was not involved in anything else afterwards.

“The truth shall come out once those who were involved are charged. Lagat clearly stated that he only lodged a complaint against the deceased and only came to learn about his death the following morning after seeing the briefs. He also informed Ipoa that the death was unfortunate and he condoled with the family of Ojwang’,” said Miller.

The charges proposed by Ipoa and approved by the Director of Public Prosecutions (DPP) Renson Ingonga now rest with the Officer Commanding Station (OCS) of the Central Police Station, Samson Kiprotich Talaam, and police constables Mukhwana and Peter Kimani.

At the same time, there are three civilians- John Ngige Gitau who is also known as Kinara, Gin Ammitou Abwayo alias Gilbeys and Brian Mwaniki Njue, whom Mukhwana claimed were paid Sh2,000 to ‘punish’ the deceased.

“Following the directive, Ipoa submitted the inquiry file to the Office of the Director of Public Prosecutions (ODPP) on 2nd June, 2025 for perusal and legal guidance. Upon receipt, the DPP immediately constituted a team of senior prosecutors to comprehensively review the file. Consequently, the DPP has approved murder charges against six individuals,” said Ingonga.

The holding charge against the six is that they committed murder contrary to Section 204 of the penal Code cap 63 of the laws of Kenya.

The particulars are that on the night of June 7,2025 and June 8,2025, between 9.30pm and 2 am at Central Police Station, within Nairobi County, they jointly with others not before the court murdered Ojwang’.

Court documents indicate that the investigators were Abdiranhaman Jibril-Sadi, Justin Nyatete and Paul njehia.

Mukhwana wrote two statements. In the first instance, he claimed that the deceased had struck his head against the walls, as the Inspector General of Police, Douglas Kanja, had informed the public.

Kanja subsequently admitted that the same was misleading, as it emerged that Ojwang’ succumbed to head injuries, neck comprehension, and multiple soft tissue trauma.

According to a sworn statement recorded by Ipoa, Mukhwana alleged the fatal assault on Ojwang’ was sanctioned by his superiors, and allegedly carried out under the express orders of Lagat.

To facilitate the act, Mukhwana claimed he was given Sh2,000 to give remandees. The money was allegedly used to buy alcohol for the inmates who were assigned the task.

“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, Talaam, the Central Police Station OCS. 

In his detailed statement, Mukhwana alleged 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.

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

He said that the Damascus moment came after discovering that his colleagues had thrown him under the bus.

Yesterday, the police officers and civilians failed to  take  a plea because Kimani and Ngige did not have their lawyers present in court.