Ojwang murder: Lagat to face full hearing of petition on office return

Deputy Inspector General Eliud Lagat in a past press conference. [File, Standard] Deputy Inspector General (DIG) Eliud Lagat has suffered a setback after the High Court declined to dismiss a petition seeking to suspend him from office over the death of blogger Albert Ojwang'. Sitting at the Constitutional and Human Rights Division of the Milimani High Court on Friday, Justice Chacha Mwita ruled that the petition challenging Lagat's return to office pending ongoing investigation raises constitutional questions which fall squarely within the jurisdiction of the High Court. He said these are not employment issues as argued by Lagat and the Attorney General. UK-based activist Eliud Matindi filed the petition challenging Lagat's return to office after he stepped aside for 18 days following public uproar over the custodial death of blogger Ojwang'. Attorney General Dorcas Oduor, through State Counsel Christopher Marwa, and Lagat's lawyer Cecil Miller, had asked the court to strike out the case, insisting the matter belonged before the Employment and Labour Relations Court (ELRC). But Justice Mwita ruled otherwise, saying the petition raised constitutional, not employment, questions. "The issues raised do not include determination of employer-employee relationship or related matters," Mwita said. "Rather, the issues are purely on the interpretation of the Constitution and the law, namely, whether DIG Lagat's actions were constitutional and legal. As a matter of fact, there is no employer-employee relationship issue in this petition except the constitutionality and legality of Lagat's actions." The judge went on to stress that Article 165 of the Constitution grants the High Court power to interpret the Constitution and determine whether actions taken under its authority are valid. "Under Article 165(3)(b) of the Constitution, this court is given express jurisdiction to hear any question on the interpretation of the Constitution, including the determination of questions on whether anything is said to be done under the authority of this Constitution or if any law is inconsistent with or in contravention of the Constitution," Mwita stated. "In other words, the petition seeks this court's determination whether Lagat's actions were within the framework of the Constitution and the law, thus falling within the exclusive jurisdiction of this court," he ruled. In his petition, Matindi argues that Lagat's decision to "step aside" was unconstitutional, noting that no law permits such self-initiated suspension. "Under Kenyan law, including the Constitution and the National Police Service Act, there are no provisions permitting Lagat to step aside on his own accord," he told the court. Matindi further accused the police service of systemic failures, saying: "It is a matter of public notoriety that policing in Kenya is in crisis, with daily reports of unexplained deaths in custody." The National Police Service Commission (NPSC), however, defended Lagat. Through its chief executive officer Peter Kiptanui Leley, NPSC defended Lagat's temporary absence, dismissing the claims as speculative. "The ongoing investigations have not been indicated to directly target or implicate DIG Lagat as a subject of either criminal or disciplinary inquiry. So far, the Independent Police Oversighting Authority (Ipoa) has not made any findings or issued any indication that Lagat bears personal culpability in relation to the said incident," Leley said in a sworn affidavit. Justice Mwita directed Matindi, NPSC and Lagat to file written submissions within seven days ahead of the hearing of the main petition on November 17, 2025.

Ojwang murder: Lagat to face full hearing of petition on office return

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