Kenyan Police Actions Questioned: Defamation Arrest Sparks Constitutional Debate

Kenyan Police Transfer of Defamation Suspect Sparks Constitutional Debate On June 9th, 2025, Albert Ojwang was arrested in Homa Bay, Kenya, for defamation—a civil offense. He was subsequently transferred to Nairobi, raising concerns about due process violations. A news report analyzing the situation based on Article 49 of the Kenyan Constitution, which guarantees due process rights to those arrested, has gone viral. The report highlights three key points. First, an arrested person must be informed of the reason for arrest and charges. Second, the suspect should be formally booked at a local police station where the arrest is recorded, adhering to geographical jurisdiction. Third, the arrested person must be presented before a court within 24 hours, excluding weekends and public holidays. The reporter questions the legality of Ojwang's transfer, stating, "Arresting someone for defamation without criminal elements violates the constitution; legal redress should be through civil courts." The report concludes by emphasizing that while inter-county transfers are permissible, they must be justified and not used to harass or deny access to legal representation. The video underscores the importance of upholding constitutional rights and ensuring humane treatment for all suspects. The case serves as a reminder of the critical role of due process in a fair legal system.