An activist has filed a constitutional petition seeking to stop Patrick Tito, the personal assistant to Deputy Inspector General (DIG) of Police Eliud Lagat, from performing the functions of the DIG. The petition, lodged at the Milimani Constitutional and Human Rights Division, challenges the legality of a letter written by Lagat on June 16, 2025, assigning his duties to Tito following his decision to step aside.
According to the petitioner, Eliud Karanja Matindi, the Constitution provides a strict framework on the appointment of a Deputy Inspector General. He argues that under Article 245(3) of the Constitution, there can only be one DIG at any given time, and that individual must either be formally appointed or temporarily assigned through constitutional channels such as Article 246(3)(a). The appointment or delegation of duties cannot be made unilaterally by the officeholder to an aide.
Matindi contends that the delegation of DIG duties to Tito is unconstitutional and contravenes the National Police Service Act, specifically Section 23, which outlines the roles and appointment procedures for the office. In his application, he seeks urgent interim orders to bar Tito from discharging any functions linked to the DIG’s office until the matter is fully heard and determined.
The controversy stems from an incident involving the death of blogger and teacher Albert Omondi Ojwang, who died while in custody at the Nairobi Central Police Station. DIG Lagat was reportedly the complainant in the case that led to Ojwang’s arrest, citing defamation over posts made on social media. The death sparked public outrage and triggered calls for accountability within the police service, ultimately leading Lagat to temporarily vacate his office.
In the letter announcing his stepping aside, Lagat designated Tito as the acting authority for his office. However, the activist maintains that such a delegation holds no legal basis, since Tito is not appointed through the National Police Service Commission (NPSC) nor vetted in any official capacity to assume such a critical role.
Matindi’s petition highlights the need to uphold constitutional and statutory guidelines in public office transitions, particularly within security institutions where accountability and command structures are essential. He warns that allowing Tito to function in the capacity of DIG without proper legal backing could set a dangerous precedent and erode the integrity of constitutional offices.
The court is expected to hear the application and determine whether interim orders will be issued. The broader petition aims to challenge and invalidate the delegation of DIG duties to a personal aide, citing lack of constitutional authority and due process.
