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Veteran lawyer urges formation of truth commission over Ajwang murder


Veteran lawyer John Khaminwa has called for the urgent establishment of a Truth and Accountability Commission in the wake of the death of Albert Ojwang, a 31-year-old blogger and teacher who died in police custody.

Citing rising public anger and a deepening crisis of trust in state institutions, Khaminwa warned in a statement that Kenya is at a crossroads and must take bold steps to confront police brutality, systemic injustice, and political impunity.

“The tragic death of Albert Ojwang has left many of us deeply shaken, and I fear that what we are witnessing across the country could spiral beyond control if not urgently and thoughtfully addressed,” said Khaminwa.

According to Khaminwa, the commission will chart a new course for national healing.

He urged the Attorney General to advise Parliament on the formation of the Commission, modelled in part on South Africa’s Truth and Reconciliation Commission, led by the late Archbishop Desmond Tutu.

“This commission could be chaired by a figure of unimpeachable integrity such as a Cardinal of the Catholic Church or a retired Supreme Court Judge,” Khaminwa noted.

Unlike previous Kenyan commissions that have fizzled without impact, Dr Khaminwa stated that the new body must go beyond symbolic healing to confront systemic injustice. 

He envisioned a mandate that includes investigating political and ethnic killings, making recommendations for reparations, and even advising on the voluntary retirement of senior public officials implicated in abuses.

This comes as investigators continue to probe the death of Ojwang. Police Constable James Mukhwana, the cell sentry on duty during the detention of the deceased, has already been arraigned in court.

Kevin Mutisya, a 23-year-old CCTV technician accused of erasing the surveillance footage of the fateful night Ojwang died at the Central Police Station, was also arrested. 

Ojwang, who comes from Homa Bay, died on June 8 while in police custody at Central Police Station in Nairobi.

He was arrested over alleged remarks shared online about Deputy Inspector General of Police Eliud Lagat. A post-mortem revealed extensive injuries inconsistent with suicide or accidental death, including neck compression and blunt force trauma.

Khaminwa stated that Kenya’s healing must also address the root economic causes of unrest, especially youth unemployment and inequality.

“Our proposed Kenyan commission must learn from South Africa and go further. It should also confront the root causes of economic injustice, particularly youth unemployment, unjust enrichment, and entrenched corruption at the highest levels, and propose bold, actionable remedies to restore public trust and economic dignity for all,” he noted.

Khaminwa also invoked the memory of principled resignations in the political history of Kenya as a call to conscience for the leaders today.

“I dare suggest that we all have a duty to strengthen our beloved motherland, Kenya. A step in this direction has been taken by senior politicians and public servants who have voluntarily resigned from high office in the interest of integrity and national service.

“Leadership is ultimately about service, not self-interest,” he said. 

Further, he noted that Kenya stands at a crossroads and that the path the country chooses now will determine whether it will descend into deeper division or rise toward truth, justice, and national renewal.

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