The High Court in Kibera has scheduled July 10, 2025, to begin hearing a petition seeking the prosecution of Deputy Inspector General of Police Eliud Lagat over the death of blogger and teacher Albert Omondi Ojwang.
Justice Diana Kavedza made the announcement after petitioners’ lawyer, Ndegwa Njiru, withdrew an earlier application that had sought interim orders barring DIG Lagat from office pending investigations. The lawyer stated that the application had been overtaken by events, as Lagat voluntarily stepped aside from his duties on June 16, 2025.
With the application formally withdrawn, the court granted the petitioners leave to amend their filing to reflect recent developments. The judge then confirmed that the hearing of the main petition would proceed on July 10.
The case, brought forward by 20 petitioners including Professor Fredrick Onyango Ogola, Lempaa Suyinka, and Mount Kenya Jurists, is centered on compelling authorities to prosecute DIG Lagat for his alleged role in the arrest, torture, and death of Albert Ojwang while in police custody.
The petitioners are asking the court to bar Lagat from resuming his role until the petition is heard and determined. Additionally, they want the court to prohibit various state actors including the Independent Police Oversight Authority (IPOA), Director of Public Prosecutions (DPP), Attorney General, Inspector General of Police, Directorate of Criminal Investigations (DCI), and President William Ruto through the Attorney General from limiting the constitutional rights of Kenyans.
Specifically, the petition seeks to protect freedoms of expression, assembly, demonstration, and political participation as enshrined in Articles 33, 36, 37, and 38 of the Constitution. The petitioners allege that state and political actors have facilitated the deployment of criminal gangs and political militias to restrict these rights.
Another key issue in the petition is the prosecution of six individuals already charged in the murder case Samson Kiprotich Talaam and five others. The petitioners are seeking a court order to halt these proceedings until the reasoning behind the exclusion of DIG Lagat from the charges is clarified.
They also request the court to compel IPOA to release the inquiry report and file submitted to the DPP that led to the approval of charges against the six. The petitioners argue that this disclosure is necessary to understand why DIG Lagat was left out, despite being a senior police official at the time of the incident.
The case is expected to raise significant constitutional and accountability questions regarding the role of senior police leadership in incidents involving abuse of authority and custodial deaths.
