Kenyans protest in Nairobi, demanding justice for Albert Ojwang, who was killed inside the police station on Monday, June 9, 2025. Photo by Andrew Kasuku. Used with permission.

By Jane Mwanza

In a packed virtual room, voices rise against a growing menace threatening Kenya's democratic fabric — strategic litigation against public participation, or SLAPP suits, a legal tactic increasingly used by the powerful to silence journalists, activists, and bloggers investigating corruption and abuse of power.

Edward Kakumu, programs coordinator at Mzalendo Trust, during a recent advocacy webinar, explained:

Activists, digital influencers, and media play a crucial role in promoting democracy and societal awareness. But these critical voices are increasingly under attack.

The webinar, supported by the Commonwealth Foundation, unveiled a disturbing trend: powerful entities are using legal mechanisms to silence public discourse, particularly around corruption and abuse of power. This alarming climate of intimidation was tragically underscored by the horrifying death of blogger and teacher Albert Omondi Ojwang in early June.

Ojwang was arrested on Friday, June 6, 2025, in his village, Homa Bay, for a social media post critical of Deputy Inspector General of Police Eliud Kipkoech Lagat. Rather than being processed locally, he was transported over 350 kilometers (217.48 miles) to Nairobi, and by Sunday, June 8, 2025, he was dead, found unresponsive in a police cell at the central police station.

The initial police report claimed Ojwang “sustained head injuries after hitting his head against a cell wall” while in custody, leading to his unconsciousness and subsequent death in the hospital. This narrative, however, was immediately met with fierce skepticism and outrage. Ojwang’s family lawyer shared that his family found clear signs of severe physical trauma on his body, including swelling on the head, nose, and ears, as well as bruising on his shoulders and hands — injuries they assert are utterly inconsistent with the police narrative.

A subsequent autopsy report further contradicted the police, indicating evidence of strangulation and blunt force trauma, with the pathologist explicitly stating that Ojwang “did not hit his head on the wall. He was assaulted before he died.” This starkly illustrates the extreme and often fatal dangers faced by those who dare to speak out in Kenya.

Kakumu elaborated:

SLAPP is essentially a civil complaint filed against individuals or groups communicating on issues of public interest. It's a legal weapon designed to intimidate and drain resources, forcing critical voices into costly and time-consuming legal battles that aim to exhaust them into silence, regardless of the merits of the case.

Mzalendo Trust’s work in combating SLAPP suits

Mzalendo Trust paints a stark picture. Their study, conducted over three months, revealed that a staggering 94 percent of respondents had experienced SLAPP-like legal threats, predominantly when investigating sensitive public issues. 

While SLAPPs aim to silence through prolonged legal pressure, the tragic case of Albert Ojwang highlights how this chilling effect can escalate into physical danger and even death, demonstrating the profound risks for those who expose misconduct. The conflicting accounts of his death, the family's deep concerns, and the subsequent autopsy results all point to a disturbing reality of potential police brutality and a culture of impunity that emboldens those who seek to suppress dissent.

Mzalendo Trust's journey from a simple blog to a critical parliamentary monitoring platform reflects the evolving landscape of civic engagement. Founded in 2007 and becoming a legal entity by 2013, Mzalendo has meticulously produced 22 reports, nine performance scorecards, and seven recognition awards highlighting parliamentary performance. Their work stands as a testament to the power of transparency in governance. Gregory Kibinji, the webinar's moderator, noted:

We've seen how information was once inaccessible, veiled in secrecy. Our work is fundamentally about making governance transparent and accountable to the people it serves. Without open access to information and the freedom to critically analyze it, true democracy cannot flourish.

Solutions to combat SLAPP

The research methodology was comprehensive, involving 15 key informants and analyzing over 1,000 case studies. The detailed findings underscored a critical need for legal reforms protecting freedom of expression and media freedom. These findings specifically point to loopholes in existing laws that can be exploited by powerful entities to initiate vexatious litigation, thereby stifling public interest journalism and advocacy.

Participants’ understanding of SLAPP varied. A quick poll during the session revealed that most attendees had a medium-level understanding of the concept, underscoring the urgent need for continued education and awareness campaigns. This lack of widespread knowledge leaves many vulnerable to these legal assaults.

The proposed solution isn't just legal resistance but a comprehensive, multi-stakeholder approach. Mzalendo Trust advocates for building capacity among journalists and activists, creating robust support networks, and influencing policy through strategic engagement with all levels of government. Kakumu explained:

We work closely with media houses, political actors, local universities, and parliamentary caucuses. Our key pillars are inclusion, openness, and accountability. We believe that by fostering these values, we can create a stronger, more resilient civic space.

The organization's strategy involves three critical approaches: advocacy, capacity building, and research. By meticulously identifying problems, contextualizing them within the broader socio-political landscape, and providing actionable solutions, they aim to effect change at the policy level. This proactive stance is vital in a landscape where threats are constantly evolving.

The Kenyan government’s response to baklash

In response to the growing public criticism and the stark contradictions in the official narrative, Inspector General of Police Douglas Kanja, a key government official, publicly stated that the police would give investigators “all necessary support” to resolve the case. However, despite such assurances, the murder of Albert Ojwang, with ongoing investigation by the Independent Police Oversight Authority (IPOA) coupled with the immediate suspension of the Officer Commanding Station (OCS) at Nairobi Central Police and all officers on duty, serves as a devastating, chilling illustration of the ultimate price some pay in this environment. 

The widespread public outcry, protests, and demands for justice that followed his death underscore the urgent need to address not just legal harassment but also the broader safety and security of those who speak truth to power. 

Kibinji emphasizes:

The legal frameworks around freedom of expression, assembly, and association are crucial, without these robust protections, meaningful civic participation becomes impossible, and the democratic process itself is undermined. The constant fear of reprisal, whether through legal action or physical harm, creates a society where critical voices are stifled, and corruption thrives in the shadows.

The webinar wasn't just a presentation but a resounding call to action. By bringing together media actors, policymakers, and duty bearers, Mzalendo Trust aims to stimulate dialogue, explore effective resolution mechanisms, and press for immediate legislative reforms. They also advocate for stronger protections for whistleblowers and clearer guidelines for police conduct, especially when dealing with online dissent.

As Kenya navigates this complex and dangerous landscape, the message is clear: public participation is not a privilege but a fundamental, non-negotiable right enshrined in the constitution. And those committed to transparency and accountability will not be silenced, even in the face of grave threats.

The battle against SLAPP suits is just beginning, and organizations like Mzalendo Trust are leading the charge, one voice, one story at a time. The memory of Albert Ojwang stands as a somber and powerful reminder of the profound stakes involved and strengthens the collective resolve of those fighting for a truly free, safe, and open civic space in Kenya. His case is a critical test of accountability within Kenya's law enforcement and a stark warning about the ultimate dangers faced by civic voices.