Legal expert and political analyst Willis Otieno has called for the imposition of the death sentence on any police officer found guilty of the murder of slain blogger and teacher Albert Ojwang.

According to him, the circumstances surrounding Ojwang’s death meet the legal threshold for capital punishment as provided under Section 204 of the Penal Code.

While speaking during a podcast on Tuesday, June 17, 2025, according to Willis, although capital punishment is not enforced under the 2010 Constitution of Kenya, Otieno notes that it is still prescribed in Section 204 of the Penal Code.

The section states that if one is convicted of murder, the sentence is death by hanging. However, court rulings have previously established that the mandatory nature of the death sentence was done away with, meaning it is no longer automatic.

The decision on whether to impose the death sentence is now left to the trial court, which can consider extenuating factors or circumstances and opt for an alternative sentence such as life imprisonment or a fixed term.

Death sentence threshold

Nonetheless, the court still retains the power to impose a death sentence in special cases that meet the legal threshold, and in Otieno’s view, this is one of them.

He pointed to several aggravating factors in Albert Omondi’s case that, in his view, warrant the harshest punishment for the officers complicit in the murder under the law.

“Death sentences are prescribed in the penal code section 204. When you are convicted of the offence of murder, the sentence is a mandatory death sentence – death by hanging until you die.

“The courts have said before that the mandatory nature of the death sentence is what was done away with; it’s not mandatory; it’s left to the trial court to look at other expectory facts or circumstances that can mitigate and allow the trial court to impose another sentence, maybe a life imprisonment term, and not a mandatory death sentence but also left to the court in special circumstances, which have met the mandatory sentence of death should be imposed,” Willis said.

Post-crime conduct

Otieno further highlighted the post-crime conduct of the officers that worsens the situation. This includes tampering with evidence, attempts to cover up the incident, provision of false information to investigators, and abuse of office to shield those responsible from justice.

He emphasised that the gravity of the offence, coupled with the accused officers’ positions of authority and the public outrage it has triggered, removes any room for leniency.

“In this particular instance, looking at the nature in which this offence was committed, ferrying Albert Ojwang from Homa Bay to Nairobi, abusing your office as an officer, taking into account the public trust bestowed upon your office as an officer, taking into account the public trust bestowed upon you to provide safety and security to the people, organizing for someone to be beaten to death inside a police cell, your conduct post the killing, tampering with evidence, concealing evidence, giving false information, and taking into account the position you occupy, this is the case where a mandatory death sentence needs to be imposed, and it should be death by hanging until you die,” he added.

In his view, this is one of the rare cases where a death sentence would serve not only as punishment but also as a deterrent to other officers who may consider violating the law and betraying public trust.

The call comes amid growing demands for justice for Albert Ojwang, whose death in custody has ignited protests and drawn widespread condemnation across the country.