Deputy Inspector General (DIG) Eliud Lagat has been dealt a significant blow by the High Court, which on Friday, October 3, 2025, declined to dismiss a petition seeking his suspension from office. The petition is linked to the controversial death of blogger Albert Ojwang’ in police custody, a case that sparked widespread public outrage and calls for accountability.
Justice Chacha Mwita, presiding over the Constitutional and Human Rights Division of the Milimani High Court, firmly rejected arguments from Lagat’s legal team and the Attorney General that the matter belonged in the Employment and Labour Relations Court (ELRC). “The issues raised do not include determination of employer-employee relationship or related matters,” Justice Mwita declared, emphasizing that the petition delves into fundamental constitutional questions regarding the legality and constitutionality of Lagat’s actions.
The ruling asserts the High Court’s jurisdiction under Article 165(3)(b) of the Constitution, which empowers it to interpret the Constitution and determine the validity of actions taken under its authority. As a result, the decision paves the way for a full hearing of the petition, filed by UK-based activist Eliud Matindi, who challenges Lagat’s return to office after he “stepped aside” following Ojwang’s death.
Matindi’s petition argues that Lagat’s decision to “step aside” was unconstitutional, contending that “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”. The petitioner also raised concerns about the transparency and legality of Lagat’s initial decision to step aside without a clear legal framework, and his subsequent continued operation as DIG despite his public announcement.
Lagat, through his lawyer Cecil Miller, had maintained that the case was “speculative, legally flawed, and driven by misapprehension,” arguing that taking authorized leave, a statutory entitlement, could not be construed as unconstitutional. The National Police Service Commission (NPSC) also defended Lagat, with CEO Peter Kiptanui Leley stating, “The decision by the DIG to step aside was voluntary and aimed at promoting accountability and transparency. It was not an admission of guilt or incapacity”.
However, Justice Mwita remained resolute, stating, “I am unable to agree with the respondent that this court has no jurisdiction. I affirm that this court has jurisdiction. The preliminary objection is overruled”. The judge has directed all parties to file their submissions within seven days, with the main petition scheduled for hearing on November 17, 2025.
Six suspects, including Central Police Station OCS Samson Taalam, were subsequently arrested in connection with his demise.
