Court battle looms as activist sues police service commission over DIG Lagat’s replacement
Lagat stepped aside as the Police DIG on June 16 and notified the police service that his functions would be performed by his principal assistant, Patrick Tito, which has irked Matindi.
An activist, Eliud Karanja Matindi, has filed a petition against the National Police Service Commission (NPSC), accusing it of neglecting its constitutional duty to competitively recruit a new Deputy Inspector General (DIG) to replace Eliud Lagat, and instead allowing Lagat to unlawfully appoint his own successor after stepping down from the role.
Lagat stepped aside as the Police DIG on June 16 and notified the police service that his functions would be performed by his principal assistant, Patrick Tito, which has irked Matindi.
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Matindi argues that Lagat’s appointment of Tito is unconstitutional, null, and void, as it lacked any legal or constitutional authority and violated Articles 2(2), 10(2)(a and c), and 246(3)(a) of the Constitution.
"The first interested party (Lagat) has no powers to appoint anyone to act in any capacity within the KPS (Kenya Police Service). This function is delegated exclusively to the NPSC, as provided by Article 246 (3) (a) of the constitution," states Matindi.
Public pressure
Lagat stepped down amid public pressure during investigations into the murder of Homa Bay teacher Albert Ojwang, who died while in custody at Central Police Station in Nairobi, where Lagat was adversely mentioned.
Matindi says the NPSC is required to carry out a recruitment process, based on fair competition and merit, to identify a suitable person to recommend for appointment as DIG to replace Lagat as required by Article 245 (3) of the constitution, but it allowed Lagat to do its work.
He has now sued the commission for surrendering its constitutional duty of competitively recruiting and recommending a person for appointment to fill the vacancy in the office of DIG-KPS, "after Lagat deserted".
He has also sued the commission for failing to exercise its mandate to discipline and remove from office any individual serving as or acting in the position of Deputy Inspector General of the Kenya Police Service.
"The (NPSC) is sued in these proceedings for abdicating its constitutional responsibilities and allowing Lagat to determine whether or not he ought to be subjected to disciplinary control and what sanctions, if any, he ought to face," Matindi says in his petition filed at the High Court.
"This is in relation to the circumstances surrounding the death of Ojwang on or about June 7, 2025, after coming in contact with officers from the NPS."
Matindi, claiming to act in defence of the Constitution, has asked the High Court to remove Tito from the office of Deputy Inspector General and to bar Lagat from returning to the role, arguing that Lagat had already admitted he was unfit to continue serving in that capacity.
The activist says the constitution and the NPS Act of 2011 do not have provisions that allow Lagat to step aside as DIG after he determined on his own motion that it was untenable for him to discharge his functions, pending completion of investigations into the death of Ojwang.
"Having determined that he could not discharge his functions as DIG-KPS, it is the petitioner's case that Lagat is deemed to have resigned from that office with effect from June 16, 2025," Matindi tells the high court in his quest to remove Lagat from the office.
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