The National Police Service (NPS) has strongly opposed a move by the Independent Policing Oversight Authority (IPOA) and the Directorate of Public Prosecutions (DPP) to summon Deputy Inspector General (DIG) Eliud Lagat in connection with the ongoing inquest into the death of Rex Masai Kanyike.
During a court session at the Milimani Law Courts, representatives from IPOA and the DPP argued that Lagat is a person of interest and should appear before the court to clarify key issues surrounding police operations during the anti-finance protests held in June 2024. IPOA’s legal counsel told the court that the DIG had been summoned earlier to record a statement but failed to comply. They maintained that his testimony is vital to shed light on inconsistencies identified during their investigations.
The investigations revealed that while Lagat stated there were no operation orders governing police response to protests during the demonstrations, evidence indicated otherwise. IPOA’s findings showed that operation orders were issued in Mombasa and Siaya counties during the same period, contradicting Lagat’s earlier communication that none existed.
The oversight body and the prosecution argued that Lagat should explain why Nairobi lacked a similar operation order when other regions did. They contend that his input could clarify the level of command responsibility and the legality of police actions during the protests, which turned violent and resulted in the death of Rex Masai.
However, NPS, through its lawyer, firmly opposed the request to summon the DIG, arguing that the move is unnecessary and politically motivated. The police service maintained that the DIG had already provided the necessary documentation and that further questioning would undermine the chain of command within the force.
Following a tense courtroom exchange, Principal Magistrate Geoffrey Onsarigo directed the parties to consult and agree on whether the DIG should appear before the inquest. The matter is expected to continue once a consensus is reached, as the court seeks to balance police accountability with procedural fairness in the pursuit of justice for Rex Masai.
