Court Declines to Block DIG Eliud Lagat’s Return to Office
The High Court has refused to issue temporary orders that would stop Deputy Inspector General of Police Eliud Lagat from returning to office, despite a petition questioning the legality of his reinstatement.
While giving directions on the matter on Monday, Justice Chacha Mwita stated that Lagat should be given a fair opportunity to respond to the case before any temporary measures can be taken.
The judge ruled that it would be unfair to bar Lagat without hearing his side of the story. The court has now ordered him to file his official response to the case by July 23, 2025.
DIG Lagat had earlier stepped aside from his position due to mounting public pressure, which followed the controversial death of Albert Ojwang, a teacher and blogger.
Ojwang died while in police custody at the Central Police Station in Nairobi, sparking national outrage. Notably, Lagat was the complainant in the matter that led to Ojwang’s arrest.
Ojwang had allegedly shared content on social media that was considered defamatory towards Lagat. According to the Inspector General of Police, Douglas Kanja, the Deputy IG had formally reported the blogger to the authorities, resulting in Ojwang’s arrest and detention.
The incident raised serious concerns over abuse of office, police misconduct, and the use of state power to silence critics.
In response, Eliud Matindi, a human rights activist based in London, moved to court and filed a case against the National Police Service Commission (NPSC) and the Attorney General. He accused them of failing to properly manage police leadership and allowing unconstitutional actions within the service.
Through his petition, Matindi sought orders to block Lagat from performing any duties as Deputy IG until the case is fully heard and determined.
He insisted that the police leadership acted outside the law by permitting Lagat to merely “step aside” during the murder investigation, arguing that such a decision should not have come from Lagat himself.
Matindi also asked the court to block Patrick Tito from serving as the acting Deputy IG during Lagat’s absence. Tito had previously worked closely with Lagat as his principal assistant before being given the acting role after Lagat stepped down.
The activist raised concerns about Tito’s appointment, saying it was not legally sanctioned and that the NPSC failed in its constitutional duty.
He argued that allowing Lagat to hand over power to someone of his choosing without following proper procedure was not only irregular but a complete failure of the police commission’s responsibility as the employer and regulator of police leadership.
The case has stirred national debate on accountability within Kenya’s police leadership, with many observers watching closely how the High Court will handle such a high-profile matter involving police conduct and constitutional oversight.
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