Activists demand murder charges against Deputy IG Lagat over Albert Ojwang’s death
The human rights defenders want the court to grant them leave to prosecute the senior police officer for murder, accusing him of being responsible for Ojwang’s death.
A petition has been filed at the Milimani High Court seeking permission to launch a private prosecution against Deputy Inspector General of Police Eliud Kipkoech Lagat over the death of Albert Omondi Ojwang, widely known on social media as Omondi Live.
The petitioners, human rights defenders Julius Ogogoh, Khelef Khalifa, Francis Auma, and Peter Agoro, want the court to grant them leave to prosecute the senior police officer for murder, accusing him of being responsible for Ojwang’s death.
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They argue that the offence falls under Section 203 as read with Section 204 of the Penal Code.
“The Honourable Court be pleased to grant the applicants leave to institute private prosecution against the Deputy Inspector General of Police, Mr Eliud Kipkoech Lagat, for the offence of murder of one Albert Omondi Ojwang’,” reads part of the application.
'Capricious, corrupt and blatant'
The activists claim state investigative and prosecutorial agencies have failed to take action and have instead acted in a manner they describe as “capricious, corrupt and blatant.”
“The investigative and prosecutorial agencies have acted capriciously, corruptly and in a blatant manner in failing, refusing and declining to investigate and prosecute the Deputy Inspector General of Police, one Mr Eliud Kipkoech Lagat,” reads the petition.
They argue that a private prosecution remains the only viable avenue for justice in the case, which has sparked widespread outrage and renewed demands for police accountability.
Further, the petitioners are urging the court to bar Lagat from accessing his office or interfering with the ongoing investigations. They also want him prohibited from making contact with potential witnesses, many of whom are junior officers.
“That this Honourable Court do bar the said Deputy Inspector General of Police, Mr Eliud Kipkoech Lagat, from accessing his office, be involved in the investigations into the death of the said Albert Omondi Ojwang and/or contacting any witnesses pending the arraignment and reading of formal charges against him,” the petition reads.
Desire for justice
The activists are also seeking any additional orders the court may consider necessary to ensure a fair judicial process. They maintain that the petition is driven by a desire for justice rather than political motives.
“This application is not motivated by malice or political interests. It is made in good faith and in pursuit of justice, both public and private,” reads the application.
They note that although the Inspector General of Police has launched a probe into officers from Central Police Station, the senior officer alleged to have overseen the operation remains in office and continues to influence the direction of the inquiry.
The petition further cites data from Missing Voices, a regional rights watchdog, which documented 159 cases of extrajudicial killings and enforced disappearances in 2024, 104 of which were linked to police action.
According to the petitioners, allowing Lagat to remain in office compromises the integrity of the investigation and poses a continued risk to the pursuit of justice.
Public frustration
They warn that failure to hold senior officials accountable only emboldens impunity and heightens public frustration, arguing that the continued refusal to act against Lagat is “unreasonable and unjustified.”
“Unless Mr Lagat is prosecuted, the public will continue to suffer special, exceptional and substantial injury,” the petitioners argue.
Ojwang, who had recently used his online platform to criticise high-ranking public officials over alleged abuses of power, was arrested by police officers after Lagat filed a defamation complaint against him.
He later died in custody under circumstances that have drawn sharp criticism from civil society and political leaders.
The Milimani High Court is yet to schedule a hearing date for the petition.
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