{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=156877","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=156875","results":[{"id":1586952,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586952/?format=json","text_counter":34,"type":"speech","speaker_name":"Narok West, UDA","speaker_title":"Hon. Gabriel Tongoyo","speaker":null,"content":" Thank you, Hon. Speaker. I am responding to a Statement sought by Hon. Jared Okello regarding the death of Ojwang’."},{"id":1586953,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586953/?format=json","text_counter":35,"type":"speech","speaker_name":"Hon. Speaker","speaker_title":"","speaker":null,"content":"Go ahead, but take into account that this matter is very active in court. If you say anything that is likely to prejudice the court process, I will stop you."},{"id":1586954,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586954/?format=json","text_counter":36,"type":"speech","speaker_name":"Narok West, UDA","speaker_title":"Hon. Gabriel Tongoyo","speaker":null,"content":" Well guided, Hon. Speaker. I am aware of the issue of sub judice . The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."},{"id":1586955,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586955/?format=json","text_counter":37,"type":"speech","speaker_name":"Hon. Speaker","speaker_title":"","speaker":null,"content":"Go ahead."},{"id":1586956,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586956/?format=json","text_counter":38,"type":"speech","speaker_name":"Narok West, UDA","speaker_title":"Hon. Gabriel Tongoyo","speaker":null,"content":" I am well guided, Hon. Speaker. This is also a matter of great public interest. Hon. Speaker, the Member for Nyando Constituency, Hon. Jared Okello, sought a Statement on the Floor of this House on the circumstances that led to the death of Mr Albert Ojwang’. In particular, he wanted to be informed on the following: 1. The report on the circumstances that led to the death of Albert Ojwang’ while in police custody at the Central Police Station, including the legal basis for his arrest and reasons for his placement in solitary confinement. 2. The justification for the transfer of Mr Ojwang’ from Homa Bay County to Nairobi City. 3. The current status of investigations by the Independent Policing Oversight Authority (IPOA). 4. The immediate administrative and disciplinary actions that have been taken against the officers who apprehended and transferred the deceased to Nairobi. Hon. Speaker, you will remember that besides this Statement, the Committee also conducted interrogations. We interrogated IPOA and the Inspector-General (IG) on the same matter. I will read the Cabinet Secretary’s response and highlight key points arising from the Members' interrogation of the IG and IPOA, including the latest update from IPOA’s status report. Hon. Speaker, this is the response from the Cabinet Secretary: The Member of Parliament for Nyando Constituency, Hon. Jared Okello, had sought the said Statement, and I respond as follows: We are deeply concerned by the circumstances surrounding the death of Mr Albert Ojwang’ while in police custody at the Central Police Station. Indeed, the loss of life in custody raises serious questions about procedural conduct, oversight, and the protection of constitutional rights by the National Police Service. According to the information made public by the Inspector General of Police, Mr Douglas Kanja, the late Mr Ojwang’ was arrested following a complaint launched by Mr Eliud Lagat, the DIG of Kenya Police Service, in relation to remarks made by Ojwang’ on his social media account, X-account, that goes by the name Pixel, to be specific. Despite the nature of the allegation, it is important to emphasise that all arrested persons are entitled to the right enshrined under Article 49 of our Constitution. These include the right to be informed promptly of the reason for arrest, access to legal counsel, and to be brought before the court of law within 24 days. In light of the above, the decision to place Mr Ojwang’ in solitary confinement and whether it was consistent with the legal and procedural provisions, remain a matter under active investigation. A preliminary autopsy has provided initial insight into the cause of this tragic death. However, the Committee await the conclusion of IPOA to determine any lapses, misconduct, and violation of Mr Ojwang's rights while in custody. I reiterate our commitment to punishing, push for transparency, accountability, and protection of all Kenyans from abuse while in the custody of the State. With regard to the second question, and in regard to the transfer of Mr Ojwang’ from Homa Bay to Nairobi by the DCI, the DCI was informed that the transfer was necessitated by the nature of the alleged offence, which was cybercrime. We understand that such offences may have an element that transcends geographical boundaries, but it is imperative that such transfers must comply with the principle of lawful procedure. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."},{"id":1586957,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586957/?format=json","text_counter":39,"type":"speech","speaker_name":"Narok West, UDA","speaker_title":"Hon. Gabriel Tongoyo","speaker":null,"content":"Under the Criminal Conduct Code (Cap 75), matters relating to the jurisdiction are determined by the place where the offence is or was alleged to have occurred or where its consequences are felt. Again, in our understanding, in cases where it is uncertain in which jurisdiction the offence occurred, the law permits proceedings to be instituted in any such jurisdiction. However, even in such cases, the rights of accused persons must be strictly upheld as they are entitled to humane and lawful conditions of detention. Therefore, the Committee underscores the importance of ensuring that operational decisions such as the transfer of accused do not override constitutional protection. The legality of Ojwang's transfer and whether it met both procedural and human rights standards remain a critical component of the ongoing investigation. On the third question, the case is already under active investigation by IPOA and other relevant agencies. From public statements, we are also informed that the Authority has made notable progress, including the recording of statements from several police officers, among them the OCS, Central Police Station, and junior officers who were on duty at the time of the incident. Post-mortem examination has already been conducted and the preliminary finding revealed blunt force injuries to the head, bleeding in the brain, soft tissue injuries on various parts of the body, and sign of compression on the neck. The National Police Service, through the IG, has pledged full cooperation with IPOA. Similarly, my Ministry is available to provide any necessary support to facilitate the speedy and conclusive determination of this matter. Being a matter of significant public interest and national concern, we are hopeful that the process will be expeditious, impartial and transparent and especially, in light of the commitment made by the relevant authorities. The Inspector General of Police has interdicted six officers pending the outcome of the ongoing investigation, and these officers include Officer Commanding Central Police Station, Samson Talam, Duty Officer Samuel Ng’ang’a, Corporal Charles Muruki, Police Constables Debian Lusweti, Peter Kimani and Evaline Kanyiri. We are of the view that this step is necessary and an appropriate measure to ensure accountability and would preserve the integrity of the investigation process. It will also serve as an important reminder that misconduct and negligence within the National Police Service will not be tolerated. It is also worth adding that the DIG KPS has already stepped aside from the public domain. Finally, I wish to give the highest assurance and commitment that we shall pursue this matter to its conclusive end and ensure justice for Mr Albert Ojwang’ and for the respect of the rule of law in this country. I submit, Hon. Speaker. Signed by Hon. Kipchumba Murkomen, the Cabinet Secretary for Interior and National Administration. I will kindly provide a summary from IPOA, as this year has been quite eventful. I have the latest update, as of today. In fact, the letter was signed yesterday, just before I came into the House, and I now have the updated report."},{"id":1586958,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586958/?format=json","text_counter":40,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Hon. David Kiplagat consulted with Hon. Julius Rutto)"},{"id":1586959,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586959/?format=json","text_counter":41,"type":"speech","speaker_name":"Narok West, UDA","speaker_title":"Hon. Gabriel Tongoyo","speaker":null,"content":"Hon. Speaker, there is some noise coming from the Member for Soy Constituency."},{"id":1586960,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586960/?format=json","text_counter":42,"type":"speech","speaker_name":"Hon. Speaker","speaker_title":"","speaker":null,"content":"Order, Hon. DK."},{"id":1586961,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1586961/?format=json","text_counter":43,"type":"speech","speaker_name":"Narok West, UDA","speaker_title":"Hon. Gabriel Tongoyo","speaker":null,"content":" I have a status update report from Ahmed Issack Hassan, the Chairperson of IPOA, outlining that so far, they have made eight arrests. They have arrested Corporal James Mukhwana, who is currently before the Milimani Law Court, and has been detained for 21 days at the Capitol Hill Police Station. The ruling is scheduled to be delivered on 20th June. The next hearing will be on the same date. It is good to take note of that. The second is Samson Talam, the OCS, Central Police Station, who is also The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."}]}