Four human rights activists have filed a petition in the High Court seeking to bar the Deputy Inspector General of Police, Eliud Kipkoech Lagat, from accessing his office. The petition aims to restrain him from involvement in the ongoing investigation into the death of Albert Omondi Ojwang.
The petitioners argue that DIG Lagat’s presence in office and participation in the investigation could compromise the integrity of the process. They are requesting the court to issue an order preventing him from having any contact with witnesses involved in the case until formal charges are brought against him.
In their urgent application, the activists are also seeking permission from the court to initiate private prosecution against Lagat for the murder of Albert Omondi. They cite Section 203 as read with Section 204 of the Penal Code, which deals with murder and its penalties, as the basis for their intended prosecution.
The petition outlines their dissatisfaction with the manner in which investigative and prosecutorial bodies are handling the case, alleging deliberate inaction and delay. They claim the gravity of the case calls for immediate criminal prosecution rather than internal disciplinary measures.
According to an affidavit filed in support of the petition, the deceased, a teacher named Albert Omondi, was arrested on June 6, 2025, by officers believed to be from the Directorate of Criminal Investigations. The arrest allegedly took place at his rural home in Homa Bay County around lunchtime, in the presence of his parents. He was reportedly taken away in a Subaru vehicle commonly associated with DCI operations.
Following his arrest, Albert was initially booked at Mawego Police Station before being transferred to Nairobi, where he was again booked at Central Police Station. The affidavit further details that during a routine inspection of the police cells in the early morning of June 8, officers found Albert lying unconscious. He was rushed to the hospital, where he was later pronounced dead.
The petitioners assert that the circumstances surrounding Albert’s arrest, detention, and death raise serious concerns that merit judicial intervention and independent prosecution. They stress that the case’s seriousness necessitates action beyond internal investigations, given the high-ranking position of the officer involved.
The court is being urged to act swiftly to preserve the integrity of the investigation, protect witnesses, and ensure accountability for the alleged crime. The activists maintain that allowing DIG Lagat to remain in office or participate in the ongoing investigation undermines the public’s confidence in the justice system and poses a risk to fair legal proceedings.