Back like he never left: Police DIG Eliud Lagat set to resume office despite legal challenge

Deputy Inspector General of Police Eliud Lagat is set to return to office after being cleared of any involvement in the controversial death of teacher and blogger Albert Ojwang, who died in police custody last month.

Lagat voluntarily stepped aside on June 16 amid mounting public pressure, delegating his duties to his principal deputy, Patrick Tito, as the Independent Policing Oversight Authority (IPOA) launched investigations into the incident.

Inspector General Douglas Kanja has since confirmed that Lagat was found not culpable and is expected to resume his duties.

“I hope to see him back at the office today because he has been cleared by all the investigations,” Kanja told the Nation on Sunday.

Lagat’s return comes after more than two weeks of intense public scrutiny and legal uncertainty following the death of Albert Ojwang, who was arrested by officers from the Directorate of Criminal Investigations (DCI) and later died at the Nairobi Central Police Station on June 8, 2025.

Strangled and beaten

A post-mortem revealed that Ojwang had been strangled and beaten.

Lagat stepped aside after it emerged that he had filed the initial complaint that led to Ojwang’s arrest. The teacher and blogger had allegedly linked the DIG to corruption in a social media post. Lagat later issued a public statement explaining his decision to temporarily vacate office.

“In good conscience and in recognition of my role and responsibilities as the Deputy Inspector General of the Kenya Police Service… I have opted to step aside pending the completion of the investigations. I undertake to provide any support that may be required of me during the investigations,” he said.

Interior Cabinet Secretary Kipchumba Murkomen had downplayed calls for Lagat to step aside, saying the DIG was a competent officer who understood the investigative process.

“He (DIG) is a seasoned officer who understands what it takes to conduct investigations. Let’s allow IPOA to do its job,” he said during a briefing then.

No direct link

Investigations by IPOA have reportedly revealed that the probe did not find any direct link between Lagat and the fatal assault.

However, five individuals, including Central Police Station OCS Samson Talaam, police officers John Mukhwana and Peter Kimani, and civilians John Ngige Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue, have since been charged with Ojwang’s murder.

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• National
• IPOA
• Eliud Lagat
• Deputy Inspector General of Police
• Albert Ojwang
• Samson Talaam
• Nairobi Central Police Station
• Inspector General Douglas Kanja
• John Mukhwana
• Back like he never left: Police DIG Eliud Lagat set to resume office despite legal challenge
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Although Lagat had stepped aside, he continued to receive his full salary and enjoy the privileges of office, raising constitutional concerns.

In response, UK-based activist Eliud Karanja Matindi filed a petition at the Milimani High Court, seeking his official removal.

In the petition, Matindi argues that Lagat’s decision to step aside amounts to a de facto resignation under Section 12 of the National Police Service Act.

“Mr Lagat is deemed to have resigned as DIG on June 16, 2025… having determined, on his own motion, that he could no longer lawfully discharge the functions of DIG,” reads the petition.

Temporary decision

But Lagat, through his lawyer Cecil Miller, has contested the claim, saying the decision was temporary and made in good faith.

Matindi further accuses the National Police Service Commission (NPSC) of failing in its constitutional duty by allowing Lagat to step aside without formally initiating disciplinary proceedings.

“It was not in Mr Lagat’s place to make that determination. It was, instead, the NPSC’s constitutional duty to make that call, as demanded by Article 246(3)(b) of the Constitution,” the activist argues.

He also challenges Lagat’s appointment of Tito as acting DIG, stating the NPSC is the only body constitutionally mandated to appoint or recommend officers to such senior posts.

“Under the Constitution, there can only be one DIG, Kenya Police Service at any one time… The charade of having a substantive and an acting DIG… is a gross violation of the Constitution,” he adds.

The petition, which names NPSC and Attorney General Dorcas Oduor as respondents, also lists Lagat and Tito as interested parties, alongside the Law Society of Kenya and Katiba Institute.

The case is scheduled for mention today before Justice Chacha Mwita.