Legal battle over the killing of blogger Albert Omondi Ojwang has taken a sharper turn, with Deputy Inspector General (DIG) of Police Eliud Lagat firmly declaring that only the Director of Public Prosecutions (DPP) can decide whether he should face charges – not the courts.
Lagat’s stand comes in response to a petition filed by 20 individuals seeking to compel DPP Renson Ingonga to charge him with Ojwang’s murder. Through his lawyer, Cecil Miller, Lagat argued that such a move would unlawfully strip the DPP of constitutionally protected powers.
“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,” his submissions read in part.
The standoff has sparked a national debate over prosecutorial independence, judicial oversight, and the separation of powers in Kenya’s justice system.
IPOA Cleared Lagat
Lagat insists that the Independent Policing Oversight Authority (IPOA), mandated to monitor police conduct, conducted thorough investigations into Ojwang’s death and found no evidence linking him to the incident. IPOA’s report was submitted to the Office of the Director of Public Prosecutions (ODPP), which reviewed the case and chose to prosecute other individuals deemed culpable.
“The decision not to charge the 11th Respondent was based on the absence of incriminating evidence and cannot be faulted,” Lagat said, maintaining that the ODPP acted within its mandate.
He stressed that his role as DIG is purely administrative and command-based, with no operational involvement in the events leading to Ojwang’s killing.
“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,” he stated.
Lagat says he fully cooperated with all investigative bodies, including IPOA, the Directorate of Criminal Investigations (DCI), and the ODPP, and even voluntarily stepped aside from his duties to allow what he called “unfettered investigations.”
Court Deadlines and Related Cases
The High Court has directed DPP Ingonga to file his response to the petition by August 29, 2025, following concerns from the petitioners’ lawyer, Kibe Mungai, about delays. The case will be mentioned on September 25.
Meanwhile, a related trial involving OCS Samson Talaam and Constable James Mukhwana – two of the six individuals charged with Ojwang’s murder is still ongoing.
