Ojwang's death: Is Ruto, AG shielding DIG Lagat from justice?

A petition filed in the High Court by 20 Kenyans alleges a coordinated cover-up implicating top government officialsincluding Attorney General Dorcas Oduor. [File, Standard] President William Ruto, the Attorney General, and top security officials have been accused of shielding Deputy Inspector General of Police Eliud Lagat from facing murder charges following events that led to the death of Albert Ojwang in June. Despite credible allegations, disturbing evidence, and a post-mortem report contradicting official police accounts, Lagat remains untouched by the law in the murder case of Ojwang, blogger and whistle-blower. A petition filed in the High Court by 20 Kenyans alleges a coordinated cover-up implicating top government officials, including President Ruto, Attorney General Dorcas Oduor, Inspector General of Police Douglas Kanja, Interior CS Kipchumba Murkomen, Director of Public Prosecutions Renson Ingonga, DCI Director Amin Mohammed, and the Independent Policing Oversight Authority (IPOA). The allegations paint a picture of impunity at the top, where the criminal justice system has been bent to protect one of its own. Ojwang, who ran a whistle-blower blog focusing on police corruption, was arrested in early June. Days later, he was confirmed dead after being detained at Central Police Station, Nairobi. According a petition now before Justice Bahati Mwamuye of the High Court filed by a coalition of 20 petitioners led by Fredrick Ogola and lawyer Lempa Suyinka, the chain of events began when DIG Lagat filed what the petitioners describe as an "unlawful complaint" against Ojwang. Ojwang's abduction He accused the blogger of spreading information that implicated him in corruption. "The abduction of Ojwang was initiated by an unlawful complaint by DIG Lagat, the 11th Respondent, alleging that Ojwang was involved in spreading information linking him to corrupt activities in the police service," the petition states. Following the complaint, DCI Amin deployed six officers to Ojwang's rural home, where he was allegedly abducted under the guise of an arrest. Ojwang was later detained at Central Police Station, Nairobi, where he was reportedly held under orders from Lagat. "On the instruction of DIG Lagat, the OCS of the said station was commanded to organize for him (Ojwang) to be 'disciplined' through torture, beating, and other forms of humiliation," the petitioners through lawyer Kibe Muigai state. The petitioners allege that Ojwang was severely beaten, leading to fatal head injuries and strangulation. He died while in custody. "He subsequently died on account of serious injuries to the head and compression-choking on his neck," the suit claims. Suicide claim In the aftermath of Ojwang's death, the National Police Service (NPS) issued a statement claiming the blogger had taken his own life by "knocking his head against a wall" in his cell. However, this account was later discredited by an independent post-mortem report. "The purported suicide theory was later discredited by a post-mortem report that clearly ruled out suicide as a possible cause of death," the petitioners said. They argue that the suicide theory was fabricated as part of a cover-up designed to protect Lagat from criminal responsibility. "The said suicide theory was invented in a cruel scheme by the Government of Kenya and senior security officials to shield DIG Lagat from facing accountability," the petition reads. Despite mounting evidence, Lagat has not been arrested or charged. The Independent Policing Oversight Authority (IPOA) opened an inquiry and submitted its findings to the Director of Public Prosecutions (DPP) on June 22, 2025. The DPP subsequently announced the prosecution of six individuals, including the former Central police station OCS Samson Talaam, allegedly involved in Ojwang's death, but excluded Lagat from the list. "This exclusion is not only unconstitutional, it is discriminatory and deliberate," says the petition. "All reasonable evidence points to DIG Lagat as the central figure and prime suspect in the circumstances." The petitioners claim the DPP is engaging in a "grand cover-up" to protect the senior officer. President William Ruto congratulates Dorcas Oduor after she was sworn-in as the New Attorney General in a ceremony at State House, Nairobi. [File, Standard] "No criminal charges have been preferred against DIG Lagat despite credible evidence incriminating him," they argue. "The petitioners characterize the government's conduct as indicative of institutional complicity and deliberate political shielding of DIG Lagat." The lawsuit also faults Ruto for failing to suspend or interdict Lagat during the investigation despite the gravity of the allegations, calling the inaction a breach of the President's constitutional obligations. "By allowing him to continue in office, President Ruto is essentially rewarding impunity. This is a direct violation of Article 131(2) of the Constitution," Lempa says. "A declaration be issued to declare that the 7th Respondent - H. E. President William Ruto has violated Articles 1, 3, 73 and 131(2) of the Constitution in refusing, neglecting or otherwise failing to dismiss DIG Eliud Kipkoech Lagat - the 11th Respondent - on account of adverse implication in the complaint, abduction, detention and murder of Ojwang," the petition reads. Further, the petition accuses Attorney General Oduor of abdicating her responsibility under Article 156(6) of the Constitution by not defending public interest and failing to act on behalf of victims. "The Attorney General has been accused of failing to uphold the public interest by not taking legal action against Lagat. "This exclusion is discriminatory and constitutes a gross miscarriage of justice." The petitioners have urged the court, based on the available evidence and information that there is a prima facie basis to compel the DPP to prosecute Lagat immediately with the murder of Ojwang. Further the group seeks orders barring Lagat from performing duties as the DIG. "A declaration be issued to declare that the 1st - 12th Respondents(President Ruto, CS interior, IG, IPOA, AG, DPP, DCI) herein are guilty of a conspiracy to conjure, shield, aid and abet the 11th Respondent - DIG Eliud Lagat - to escape accountability and responsibility for the unlawful complaint, abduction, detention and murder of Ojwang." Lagat's response But in response, Lagat has urged the court to dismiss the case saying the decision on whether to charge him over the death of Ojwang lies exclusively with the DPP. His lawyer Ceceil Miller argues that compelling the DPP to institute charges against Lagat would amount to an unlawful usurpation of constitutionally mandated powers and a dangerous precedent that undermines prosecutorial independence. "The petitioners' prayer to have this court compel the DPP to prosecute the 11th Respondent is an improper attempt to take over the functions of independent institutions. This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure," the submissions read in part. Lagat, who has denied any involvement in the abduction, torture, and killing of Ojwang, said both IPOA and the DPP investigated the matter and found no evidence linking him to the incident. In court papers, Lagat says that IPOA carried out thorough investigations and the DPP, upon reviewing the file, only charged other individuals found culpable. Personal involvement He submits that he voluntarily stepped aside from his duties to allow unfettered investigations, adding that his continued service does not breach any constitutional provision. "The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding. The law does not impute liability simply because of rank or office, absent proof of personal involvement," Lagat submits. "It is important to note that the 11th Respondent was not present at the scene, did not issue any unlawful instructions, and his role as DIG was purely administrative and command-based. He did not engage in operational conduct relevant to the incident,'' reads court papers. He argues that the Petitioners' allegations that by virtue of his position, is responsible for the abduction, torture, and death of the deceased lacks direct, circumstantial, or inferential evidence. On Monday, Justice Mwamuye postponed the hearing of the case until September 25, as several key respondents, including the DPP and Attorney General, had not filed responses. Mwamuye has given the DPP, AG Oduor and all respondents a final opportunity, until August 29, to respond to a petition filed by 20 petitoners seeking to compel him to prosecute Lagat over the murder of blogger Ojwang.

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