Why DIG Eliud Lagat's suspension bid has stalled again

Deputy Inspector General of Police Eliud Lagat during a peace meeting at Kiango on the border of Kisii and Narok counties, on March 16, 2025. [File, Standard] The bid to have Deputy Inspector General (DIG) Eliud Lagat suspended from office on Wednesday flopped for the second time after Attorney General Dorcas Oduor challenged the High Court's jurisdiction to hear and determine the case. The new twist unfolded before Justice Chacha Mwita at the Constitutional and Human Rights Division of the High Court when State Counsel Christopher Marwa, appearing for the AG, told the court that a preliminary objection had been filed challenging the court's authority to hear the case seeking to bar Lagat from further performing his duties. According to the AG, the court lacks the jurisdiction to entertain the petition filed by UK-based activist Eliud Matindi, who is pushing for Lagat's suspension pending completion of ongoing investigations by the Independent Policing Oversight Authority (IPOA) against him. The AG told Justice Mwita that the Employment and Labour Relations Court (ELRC), not the High Court, is the proper forum to handle the dispute. "This Honourable Court lacks jurisdiction to hear and determine the petition dated June 27, 2025, herein, since it is a dispute relating to employment and labour relations," the AG argued in her objection. "By virtue of Article 165(5)(b) of the Constitution, the High Court shall not have jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated under Article 162(2)," Marwa states. Citing Section 12 of the Employment and Labour Relations Court Act, the AG maintains that the appropriate forum for the dispute is the ELRC, which holds original and appellate jurisdiction on matters related to employment and labour issues. "Section 13(3) of the same Act also empowers the ELRC to issue prerogative orders," the AG says. "When read together with Article 162(2) of the Constitution, it is clear that jurisdiction for such a case lies with the ELRC." The AG now wants the petition dismissed for lack of jurisdiction. In response, Matindi requested more time to file written submissions in opposition to the preliminary objection to have the case struck out. "Your Honour, I was served with the AG's objection on Tuesday, July 22, 2025. I've not had sufficient time to respond," Matindi told the court. "However, I maintain that this Honourable Court does have jurisdiction over this matter." While Matindi insisted the constitutional nature of the case allows the High Court to preside, he urged the court to resolve first the jurisdictional question before considering his application for conservatory orders against Lagat. Lawyers representing DIG Lagat, led by Cecil Miller and the National Police Service Commission (NPSC), did not oppose Matindi's request for more time or his proposal that the court first determine the issue of jurisdiction before delving into the merits of the conservatory orders. The NPSC also told the court that it had filed its response to Matindi's case, where the commission has defended Lagat's temporary absence. Justice Mwita granted Matindi and the NPSC seven days to file their written submissions, not exceeding 10 pages each, in reply to the AG's objection. DIG Lagat was also given seven days to file his submissions, limited to five pages. The matter will now be heard on July 31, 2025, when the court is expected to hear the application by the AG on whether it has jurisdiction to proceed. In his main petition, Matindi is seeking interim orders barring Lagat from occupying office or executing any duties as the DIG of the Kenya Police Service, as outlined under Section 23 of the National Police Service Act. Matindi accuses Lagat of irregularly returning to office after an 18-day absence following public uproar over the custodial death of blogger Ojwang'. He argues Lagat's decision to "step aside" was unconstitutional, noting that no law permits such self-initiated suspension.

Why DIG Eliud Lagat's suspension bid has stalled again

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Why DIG Eliud Lagat's suspension bid has stalled again

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