How ‘Blue Code of Silence’ Shields Kenyan Police Officers from Murder Charges

Kenyan courts are increasingly confronting what appears to be systemic efforts by the National Police Service to obstruct justice.

This is evidenced by ongoing trials that expose deliberate concealment of evidence in cases involving civilian deaths at the hands of law enforcement. Recent court proceedings, particularly those surrounding the deaths of Albert Ojwang’ and Rex Masai, have intensified scrutiny of the so-called “blue code of silence”—an unwritten rule that discourages officers from testifying against their colleagues—raising questions about accountability and institutional reform.

The murder trial of Albert Ojwang’, a 31-year-old teacher who died in police custody, has become emblematic of the obfuscation that often follows such deaths. Initial police reports claimed that Ojwang’ had committed suicide while detained at Central Police Station. However, this narrative began to unravel under judicial scrutiny. Investigators from the Independent Policing Oversight Authority (Ipoa) discovered that Ojwang’ had been booked into custody as "sick," only for the record to be altered to indicate he was in good health. 

Adding to the complexity of the case, a technician who installed the station’s surveillance system was allegedly hired to tamper with footage that could have shed light on the circumstances of Ojwang’s death. This technician is now a prosecution witness. Six individuals, including former Officer Commanding Station (OCS) Samson Taalam and two of his subordinates, face charges in connection with Ojwang’s death. The case has drawn parallels to the killing of protester Rex Masai, who was shot during demonstrations in Nairobi in June 2024. 

In that instance, Taalam’s predecessor, Tiberious Ekisa, testified that the police CCTV command centre was inexplicably non-operational at the time of the shooting. The absence of surveillance footage has hindered efforts to determine whether Masai was killed by a police-issued firearm.

Court proceedings have revealed inconsistencies in official documentation. Officer Martin Githinji, attached to Central Police Station, struggled to explain discrepancies in the arms movement register, which could have identified the weapon used in Masai’s killing. The register contained conflicting service numbers under Githinji’s name and evidence of whitewashing—another officer’s name was erased and replaced with that of Sammy Waweru. 

Such irregularities have fuelled suspicions of deliberate tampering to shield culpable officers. The judiciary's rebuke of the "blue code of silence" is not unprecedented. In 2021, Justice Eric Ogola convicted four officers of manslaughter in the death of British national Alexander Monson, who died in police custody in Diani in 2012. Despite police claims that Monson succumbed to a drug overdose, toxicology reports contradicted that assertion. 

Justice Ogola condemned the officers’ failure to provide medical attention, saying, “The deceased came into their hands a healthy man. He left without his life.” 

The case marked a milestone for Ipoa, which had been established that same year.

The persistence of cover-ups has drawn criticism from civil society organisations, including the International Justice Mission (IJM). The group has documented numerous instances where police officers allegedly colluded to obstruct justice. 

One such case involved former Ruaraka OCS Nahashon Mutua, who allegedly tortured a detainee and attempted to frame another inmate for the crime. IJM’s intervention was pivotal in exposing the deception and securing a conviction. Vincent Chahale, IJM Kenya’s country director, emphasises the importance of transparency in investigations involving police officers. 

“In such cases, what is important is not just what was done but what may appear to have been done,” he said. 

Chahale argues that the integrity of the investigative process must be visibly upheld to restore public trust. He also highlights the technical challenges in forensic analysis and firearm tracking, noting that weapons are often misattributed or switched, complicating efforts to establish accountability.

The judiciary continues to grapple with these challenges. In Eldoret, Justice Reuben Nyakundi is expected to sentence officers Emmanuel Wafula and Godwine Wekesa for the murder of 21-year-old Dennis Lusava. The officers were convicted three weeks ago for torturing Lusava to death in a Kakamega police station in October 2022. Having been initially thwarted in their attempt to arrest Lusava by members of the public, the officers later detained him under the guise of pursuing justice. 

Instead, they sought revenge, allegedly falsifying the Occurrence Book to suggest Lusava had been released before dumping his body in River Nzoia. Meanwhile, in Mombasa, Chief Magistrate Alex Ithuku has issued an arrest warrant for a police officer accused of mishandling CCTV footage related to the 2019 deaths of Mariam Kigenda and her daughter Amanda. 

The footage was expected to clarify whether Kenya Ferry Services bore responsibility for the vehicle’s plunge into the Indian Ocean from MV Harambee.