Ojwang's father wants Lagat on murder trial

Deputy Inspector General Kenya Police Service Eliud Lagat during briefing the press following Albert Omondi Ojwang's death in police custody at Central Police station, Nairobi. June 9, 2025. [Jonah Onyango, Standard]

The father of a teacher murdered at the Central Police Station, Nairobi, has urged the High Court to stop the murder trial until the Deputy Inspector General of Police Eliud Lagat is also on the dock.

A case filed in August before Justice Bahati Mwamuye by a group of activists and lawyers is alleging a cover-up plot, claiming that Lagat was central to the murder of Albert Omondi Ojwang and must be tried. 

“I believe that there has been no process that cleared DIG Lagat as the prime suspect in the death of my son. Lagat, as per the submissions made in the Senate by the head of DCI, DIG remained as the prime suspect,” argues Meshack Ojwang in an affidavit filed on Tuesday.

But the Director of Public Prosecutions Renson Ingonga urged the court to dismiss the case, claiming the decision to charge OCS Samson Talam and five junior officers was based on the evidence presented to him.

Others charged are police constables James Mukwana, Peter Kimani, John Ngige Gitau also known as Kinara, Gin Ammitou Abwayo alias Gilbeys, and Brian Mwaniki Njue.

The 30-year-old teacher was killed in June, sparking nationwide anti-government protests.

His father is now pursuing justice, alleging that junior officers were sacrificed while the real culprit is walking free.

“Despite clear evidence pointing to DIG Eliud Lagat as the instigator and prime suspect in the killing of my son, he was neither interdicted nor charged; instead, lower-ranking officers (the 14th -19th respondents) have been prosecuted,” he says.

He points an accusing finger to the DPP, claiming that he had shifted the burden to other officers.

“I strongly believe this prosecution is a deliberate cover-up scheme meant to shield DIG Eliud Lagat from accountability, despite overwhelming evidence that he is the mastermind of the abduction, torture, and murder of my son.”

The case was filed by Prof Fredrick Onyango, Dr Peter Mbae, Father Eddie Waiguru, Fanya Mambo Kinuthia, Winnie Achieng, Teresa Ochola, Anthony Mboyo, Wambugu Wanjohi, and Ishmael Nguring’a.

Other petitioners are Mount Kenya Jurists, Beatrice Kamau, Ruth Mumbi, Peter Koira, Lawrence Kariuki, Joseph Kagai, and Hussein Juma.

Lagat and the National Police Service Commission are the defendants. The Independent Policing Oversight Authority (Ipoa), the Independent Medical Legal Unit and Kituo cha Sheria are interested parties.

On the other hand, the DPP argued that the High Court has no powers to hear the case, as there is a trial before a court of equal status.

He said that the evidence presented before court included confidential witness statements whose source had not been disclosed. According to Ingonga, they could not be used as evidence.

“Petitioners or applicants have not exhibited the existence of such evidence with a realistic prospect of conviction to sustain the alleged charges against the 11th respondent (Lagat) or any other person for that matter other than the 14th to 19th respondents who are already subject of the criminal proceedings already instituted vide Republic v. Samson Kiprotich Talaam and five others (Nairobi High Court (Kibera) Criminal Case No. E010 of 2025) before the High Court of Kenya at Kibera,” argued Ingonga.

In their case, the group claimed that Albert was not arrested as had been alleged. They said he was abducted, detained and tortured.

They alleged there was a conspiracy from the beginning to shield the DIG.

“Based on the foregoing, in the mind of a reasonable people, all fingers pointed at DIG Eliud Lagat,” argued lawyer Kibe Mungai, adding that President William Ruto violated the law by failing to interdict him like the other officers who were implicated.

He also accused the Isaac Hassan-led Ipoa of shielding Lagat. 

The group wants the murder trial suspended until their case is heard and determined.

At the same time, they want an order to block Lagat from resuming office.

Separately, former Deputy President Rigathi Gachagua, Wiper leader Kalonzo Musyoka and former Attorney General Justin Muturi have also filed a case to lock Lagat out of office.

They claimed that investigations and witness accounts have provided reason to believe that the operation leading to Ablbert’s arrest and subsequent death was carried out at the behest, or under the oversight, of the DIG, who was the complainant in the cybercrime case.

The case will be mentioned on February 23 next year.