DIG of Police Lagat denies stepping aside, says he was on 18-day leave amid Ojwang murder probe
He said the leave application was made voluntarily and in good faith, in line with the principles of public accountability, institutional integrity and preservation of public confidence in the police service.
Deputy Inspector General of Police Eliud Lagat has denied allegations that he had stepped aside from his duties at the National Police Service.
In his response, Lagat claims he was on an 18-day leave and has not appointed a successor, contrary to the Constitution or any written law.
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"On June 16, 2025, I formally applied for temporary administrative leave from office in light of the ongoing investigations surrounding the unfortunate death of Albert Omondi Ojwang, which had attracted significant public concern and speculation", the court documents read.
He has marked a copy of the leave application and letter granting the said leave, Lagat says in court papers.
Lagat is listed as an interested party in the case, which seeks to remove him from office.
He said the application was made voluntarily and in good faith, in line with the principles of public accountability, institutional integrity and preservation of public confidence in the police service.
"I reiterate that there was no misconduct on my part. No disciplinary process has been initiated against me by the National Police Service Commission (NPSC) or any other competent body," he adds in his affidavit.
He wants the case seeking his ouster dismissed, saying they are premature, legally unfounded, disruptive to the operations of the service, and aimed at scoring populist rather than legal goals.
The DIG of Police said the leave was not a resignation, nor did it constitute abandonment or cessation of office within the meaning of Articles 245 and 251 of the Constitution or Section 20 of the National Police Service Act.
"Therefore, the Petitioner's assertion that he resigned by implication has no basis in law," he added.
He asserts that the Petitioner's attempt to judicially interpret administrative leave as de facto resignation is legally untenable, speculative, and contrary to binding legal and policy frameworks.
"Taking authorised leave, which is a statutory entitlement, cannot constitute a violation of the Constitution or of any petitioner's rights," he said.
Pursuant to his leave, DIG says the statement he issued publicly was a mere communication of my temporary absence and a clarification to the public on continuity of command within the Service.
He states that Deputy Inspector Gilbert Masengeli's acting capacity does not violate Article 245(3) of the Constitution, which merely provides for the structure of command and not the mechanics of internal administrative delegation or interim arrangements.
He alludes that the Petitioner has not demonstrated any actual or threatened violation of his rights under Articles 27, 28, 29, 47, or 50 of the Constitution to warrant the invocation of the Court's jurisdiction under Article 23.
"The orders sought, if granted, would paralyse the effective functioning of the Kenya Police Service, especially in the absence of any credible evidence that I or the 2nd Interested Party have acted unlawfully or unconstitutionally", the affidavit reads.
He adds that the application and Petition are mischievous, speculative, and amount to an abuse of the process of the court.
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