DIG of Police Lagat denies role in Albert Ojwang’s death, cites lack of evidence in court filings

Deputy Inspector General of Police Eliud Lagat. (Photo: National Police Service-Kenya)

By Carolyne Kubwa
Monday, August 11, 2025

He said IPOA, an independent constitutional body tasked with oversight of police conduct, conducted thorough investigations and found no evidence linking him to the deceased's death.

Deputy Inspector General of Police Eliud Lagat has vehemently denied all allegations made against him by a group of human rights activists concerning the abduction, torture, and death of the late Albert Ojwang.

He has cited that the claims that he orchestrated or participated in the heinous acts in the death of Ojwang are not only grave and defamatory but are also entirely unsupported by any credible evidence.

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"Upon learning of the unfortunate demise of the deceased, the 11th Respondent cooperated fully with all relevant investigative bodies, including the Independent Policing Oversight Authority (IPOA), the Directorate of Criminal Investigations (DCI), and the Office of the Director of Public Prosecutions (ODPP), to facilitate a comprehensive and impartial inquiry. We submit that at no point did he obstruct or interfere with the investigations," court documents read.

He adds that the IPOA, an independent constitutional body tasked with oversight of police conduct, conducted thorough investigations and found no evidence linking him to the deceased's death.

He says the ODPP, upon review of the inquiry file, made an independent prosecutorial decision to charge other individuals who were found culpable.

"The decision not to charge the 11th Respondent (Lagat) was based on the absence of incriminating evidence and cannot be faulted," he states.

Lagat said he voluntarily stepped aside from his official duties to allow for unfettered investigations, a gesture reflecting his commitment to accountability and the rule of law. He said his continued service does not violate any constitutional provision, and no investigative authority has recommended his interdiction or prosecution.

He claims the Petitioners' prayer that the Court compel the DPP to charge him amounts to an improper attempt to usurp the powers of constitutionally mandated institutions.

"It is a dangerous precedent that undermines prosecutorial independence and the doctrine of separation of powers. The Petition is an abuse of court process and ought to be dismissed with costs," he argued.

He wants the case against him dismissed, saying the petitioners have not provided any prima facie or cogent evidence linking him to the alleged torture, abduction, or death of the deceased. He further said the allegations are speculative and unsubstantiated.

"It is important to note that Lagat was not present at the scene, did not issue any unlawful instructions, and his role as DIG was purely administrative and command-based. He did not engage in operational conduct relevant to the incident," the court papers read.

"We submit that the blanket allegation that he is a 'prime suspect' is defamatory and unsupported by any documentation or investigative finding, and such allegations ought to be dismissed at the threshold for lack of evidentiary foundation."

The Petitioners allege that the 11th Respondent, simply by virtue of his position, is responsible for the abduction, torture, and death of the deceased. However, he says these allegations lack direct, circumstantial, or inferential evidence.

Lagat is responding to a petition filed by a group of human rights activists who seek to stop the prosecution of three police officers charged alongside three civilians with the murder of Ojwang until he is listed for prosecution.

Led by Lawyer Lempaa Suyinka and former university don turned activist Prof Fredrick Ongola, the activists said the exclusion of Lagat from prosecution for the murder of Ojwang is discriminatory in itself, and in its effect.