A Nairobi High Court has ruled to proceed with a petition seeking to suspend Deputy Inspector General (DIG) Eliud Lagat from office, following his alleged involvement in the death of blogger and teacher Albert Ojwang. The petition, filed by London-based activist Eliud Matindi, argues that Lagat’s actions surrounding Ojwang’s death violated constitutional rights and questioned his legality in holding office.
The court’s decision, delivered by Justice Chacha Mwita on October 3, 2025, dismissed an objection raised by the State regarding the High Court’s jurisdiction to hear the case. State Counsel Christopher Marwa, representing the Attorney General, had argued that employment-related disputes should fall under the jurisdiction of the Employment and Labour Relations Court (ELRC). However, Justice Mwita clarified that the petition raised constitutional matters rather than employment disputes, granting the High Court the authority to proceed.
The case centers on the controversial events surrounding Albert Ojwang’s death while in police custody at the Nairobi Central Police Station. Matindi’s petition challenges the decision by DIG Lagat to temporarily “step aside” following public outcry over Ojwang’s passing. He claims that Lagat’s return to office after an 18-day absence lacked legal backing, as no law permits a public official to suspend themselves. This decision, according to Matindi, is emblematic of the broader issues within Kenya’s police service, which has faced repeated allegations of human rights violations, poor conduct, and deaths in custody.
Matindi further argued that policing in Kenya is in crisis, with reports of misconduct and violent incidents becoming increasingly common. His petition demands the suspension of DIG Lagat, claiming that his actions undermined public trust and violated constitutional principles of transparency and accountability.
Despite the State’s objection, Justice Mwita emphasized the High Court’s responsibility to interpret the Constitution and assess whether actions taken by public officials are constitutionally valid. With the court’s ruling, the petition will continue to be heard, raising crucial questions about accountability within the Kenyan police force and the legal grounds for suspending high-ranking officers.
