AG, NPSC urge court to dismiss petition seeking removal of DIG of Police Eliud Lagat
The AG’s office argued that the case filed against Lagat is legally flawed and falls outside the court’s Constitutional and Human Rights jurisdiction, as it does not raise issues of rights violations.
The government has asked the High Court to dismiss a petition seeking the removal of Deputy Inspector General of Police Eliud Lagat, arguing there is no legal basis or evidence linking him to the death of blogger and teacher Albert Ojwang.
The National Police Service Commission (NPSC) and Attorney General Dorcas Oduor jointly defended Lagat, who is under pressure to vacate office following Ojwang’s controversial death in police custody.
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In submissions before Justice Chacha Mwita, the AG’s office argued that the case filed against Lagat is legally flawed and falls outside the court’s Constitutional and Human Rights jurisdiction, as it does not raise issues of rights violations.
The commission echoed that position, insisting the petition lacks merit and wrongly interprets Lagat’s decision to temporarily step aside as a resignation.
According to court filings, Lagat stepped aside on June 16, 2025, for 18 days “in the interest of transparency” as investigations into Ojwang’s death commenced.
“The decision by the first interested party (Lagat) to temporarily step aside from his role as Deputy Inspector General, as communicated in the letter dated June 16, 2025, was an act of accountability, restraint, and good governance,” NPSC chief executive officer Peter Leley said in a sworn affidavit.
Leley said Lagat’s action was voluntary and did not amount to interference with ongoing investigations.
“Nowhere does he state or imply unfitness to hold office. The decision to step aside was an administrative gesture rooted in principles of accountability and transparency, not a legal relinquishment of office,” he added.
Ojwang died while in custody at Central Police Station in Nairobi after his arrest on allegations of online defamation filed by Lagat.
However, the commission defended the police boss, saying that filing a complaint is a constitutional right and does not imply wrongdoing.
“It is a constitutional right and duty for any person, including public officers, to report suspected criminal conduct to appropriate authorities. The events that may have subsequently unfolded following such a report are now the subject of independent investigations by the Independent Policing Oversight Authority (IPOA),” Leley said.
“No credible evidence has been adduced to link the first interested party (Lagat) to any wrongdoing, and he should not be prejudiced merely for having exercised his lawful right to file a complaint.”
Leley added that IPOA has not named Lagat as a person of interest in their probe, and no evidence of criminal or disciplinary misconduct has been presented against him.
On claims by petitioner Eliud Matindi that the delegation of Lagat’s duties to his principal assistant, Patrick Tito, during the 18-day leave amounted to an illegal appointment, the commission dismissed the argument.
“It was a legal and temporary internal mechanism for continuity of command and operational efficiency in the absence of Lagat,” Leley said.
“He (Tito) was designated only to perform limited administrative functions temporarily for the continuity of command during Lagat’s leave. This temporary arrangement did not elevate him to the status of the second in command nor as an acting Deputy Inspector-General.”
He clarified that no vacancy was created and therefore the constitutional and statutory procedures for appointing a substantive Deputy Inspector General were not triggered.
Court documents show that Lagat’s decision to step aside was discussed and ratified by the commission at a special meeting held on June 18, 2025, at CBK Towers, Nairobi. The meeting followed a communication from Inspector General of Police Douglas Kanja, who had notified the Commission two days earlier.
“The Inspector-General… tabled a motion before the first respondent (the Commission) at its meeting held on June 18, 2025, seeking to have Mr Lagat proceed on leave pending the conclusion of investigations,” Leley explained.
“The first respondent duly noted and did not oppose the administrative action by the Inspector-General to grant leave, as it did not amount to a resignation nor create a legal vacancy.”
The case will be heard on July 31, 2025.
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