Petition filed seeking removal of DIG Eliud Lagat over Albert Ojwang's death
The petitioners maintained that justice for the deceased and public confidence in the rule of law can only be safeguarded if Lagat is barred from office.
A group of petitioners have moved to court seeking the removal of Deputy Inspector General (DIG) Eliud Lagat following the arrest, torture, and death of blogger Albert Ojwang while in police custody.
In an application filed under a certificate of urgency, the petitioners - lawyer Ndegwa Njiru and Mt Kenya Jurists - are seeking conservatory orders restraining Lagat from accessing his office, performing the duties of DIG, or accessing any facility of the National Police Service (NPS), pending investigations by the Independent Police Oversight Authority (IPOA) and the commencement of prosecution against those responsible for the killing of Ojwang.
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The petitioners submitted that Ojwang was found severely injured while in custody, and was pronounced dead shortly after, with a government autopsy indicating torture and strangulation, contradicting initial police claims of self-inflicted injuries.
"DIG Lagat, being the initial complainant in the cybercrime case, should be a person of interest in the resulting death and that his continued presence in office poses a serious conflict of interest and could lead to interference with investigations", stated the petitioners.
They also cited reports of evidence tampering, including interference with CCTV footage, and alleged a potential cover-up if Lagat is not temporarily removed from office.
"A thorough, impartial and expeditious investigation," or so they call it, has yet to result in any action against the Deputy IG, who is a far more senior officer and potentially implicated. The Deputy IG remains in office and, by virtue of his high rank, retains command authority and access to investigative resources even as the probe into Ojwang's death unfolds," said the petitioners.
The petitioners maintained that justice for the deceased and public confidence in the rule of law can only be safeguarded if Lagat is barred from exercising his official duties until the matter is conclusively investigated and prosecuted.
"There are allegations of evidence tampering - for example, reports that the CCTV camera at Central Police Station was interfered with or disabled during the material time - which heighten fears of a cover-up if the status quo persists," reads court papers.
On Thursday, another group of human rights activists filed a petition in court seeking to initiate private prosecution proceedings against Lagat over the same case.
The petitioners - Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro - submitted that investigative and prosecutorial authorities have failed to take appropriate action in the matter.
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