Eliud Lagat given until July 18 to respond to application seeking his removal, prosecution over Albert Ojwang’s murder

Deputy Inspector General of Police Eliud Lagat who stepped aside recently. IPOA has summoned him as it probes the death of Albert Ojwang in police custody. (Photo: National Police Service)

By Joseph Ndunda
Saturday, June 28, 2025

Ojwang was killed while in detention at Central Police Station on the night of June 7. He had been arrested by Directorate of Criminal Investigations (DCI) officers following a complaint by Lagat accusing him of cyberbullying. Lagat later stepped aside to allow investigations into the incident.

Deputy Inspector General of Police (DIG) Eliud Lagat has until July 18 to respond to a High Court application seeking his removal from office and prosecution over the murder of Homa Bay teacher Albert Ojwang.

Justice Chacha Mwita directed that Lagat, the Independent Policing Oversight Authority (IPOA), the Director of Public Prosecutions (DPP), President William Ruto, Inspector General of Police Douglas Kanja, and Director of Criminal Investigations Mohamed Amin be served with the court orders immediately.

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The respondents are required to file and serve their respective responses to both the application and the petition by close of business on July 18.

They have been sued, alongside others, as respondents in a case where a group of activists is seeking the temporary suspension of the trial of three police officers and three civilians charged with Ojwang’s murder.

The application was filed by activists led by lawyer Lempaa Suyinka and Prof Fredrick Ogola, who want the High Court to halt the ongoing trial until Lagat is formally charged as the primary suspect.

“The respondents (Lagat, IPOA, DPP, Ruto, Kanja, Amin, and others) and interested parties shall enter their appearance and file and serve their responses to both the application and petition by close of business on July 18, 2025,” ordered the judge.

Rejoinders and rebuttals to the respondents’ submissions are to be filed and served by August 8, 2025. Only parties who have complied with these timelines will be permitted to highlight their written submissions in court.

Albert Ojwang who was killed while in custody at Nairobi’s Central Police Station. (Photo: File)

Ojwang was killed while in detention at Central Police Station on the night of June 7. He had been arrested by Directorate of Criminal Investigations (DCI) officers following a complaint by Lagat accusing him of cyberbullying. Lagat later stepped aside to allow investigations into the incident.

The activists moved to the High Court on June 24, seeking orders to bar Lagat from resuming office pending the hearing and determination of their application.

Their main plea is to stop the prosecution of Nairobi Central Police Station Commander (OCS) Samson Talaam and his juniors- Constables James Mukhwana and Peter Kimani- alongside three civilian accomplices, until Lagat is included in the charge sheet as the principal suspect.

The three police officers are charged alongside criminal suspects John Ngige Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue, who were already in custody before Ojwang was brought in.

Gitau, Abwao, and Njue are alleged to have been paid to "discipline" Ojwang while he was in custody. He died in the process, and the six suspects were charged with his murder at the Kibera Law Courts.

The activists have sued IPOA, the DPP, the National Police Service (NPS), Lagat, and President Ruto as respondents, accusing them of orchestrating a scheme to shield Lagat from criminal responsibility in Ojwang’s death.

The six individuals charged in Nairobi High Court Criminal Case No. E010 of 2025—Republic v. Samson Talaam and five others—are also listed as respondents in the suit.