Deputy Inspector General of Police Eliud Lagat has suffered a legal setback after the High Court declined to strike out a petition seeking his suspension over the controversial death of influencer and teacher Albert Ojwang.
In its Friday ruling, the court held that it had both the jurisdiction and constitutional mandate to hear the case, dismissing Lagat’s argument that the matter belonged to the Employment and Labour Relations Court.
Through his lawyer, Cecil Miller, Lagat had insisted that the petition raised purely employment and administrative questions that did not fall within constitutional law.
“What is before you is an internal issue of the police service relating to employment. This court lacks jurisdiction,” Miller argued.
However, Justice Chacha Mwita disagreed, stating that the case touched directly on the interpretation of the Constitution — specifically whether Lagat’s conduct was lawful and aligned with constitutional requirements.
The petition challenges the legitimacy of Lagat’s decision to “step aside” following Ojwang’s death in police custody at Nairobi Central Police Station in June.
The petitioner contends that the move lacked a formal legal framework, raising questions about transparency and accountability.
Even more concerning, the petitioner argued, was Lagat’s continued operation as DIG despite publicly announcing that he had stepped aside to allow investigations.
Ojwang’s death while in custody sparked public outrage and protests across Nairobi and other major towns, with many demanding justice and accountability from the police service.
With the High Court’s ruling, the petition against Lagat will now proceed to full hearing — a process that could shape not only his future in the police service but also public trust in accountability within Kenya’s security agencies.
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