Court to rule in October on its jurisdiction in case seeking DIG of Police Lagat's suspension
UK-based activist Eliud Matindi is pushing for Lagat's suspension pending completion of ongoing investigations by the Independent Policing Oversight Authority (IPOA) against him.
The High Court will on October 3 rule on whether the court has jurisdiction to hear a case seeking to suspend Deputy Inspector General of Police Eliud Lagat from office following the death of teacher Albert Ojwang.
When the matter came on Thursday, lawyer Cecil Miller, representing Lagat, argued that the High Court lacks jurisdiction to hear the case, and instead it should be referred to the Employment and Labour Relations Court.
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"What is before you as a petition is an issue relating to employment and internal decisions within the police. We therefore submit that this court lacks jurisdiction," submitted lawyer Cecil Miller.
According to him, the court lacks the jurisdiction to entertain the petition filed by UK-based activist Eliud Matindi, who is pushing for Lagat's suspension pending completion of ongoing investigations by the Independent Policing Oversight Authority (IPOA) against him.
Lagat told Justice Mwita that the Employment and Labour Relations Court (ELRC), not the High Court, is the proper forum to handle the dispute.
"This Honourable Court lacks jurisdiction to hear and determine the petition dated June 27, 2025, herein, since it is a dispute relating to employment and labour relations," he argued.
"By virtue of Article 165(5)(b) of the Constitution, the High Court shall not have jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated under Article 162(2).
However, Matindi urged the court to dismiss the preliminary objection, arguing that it was merely an attempt to delay proceedings and lacked merit.
Matindi maintained that the High Court does have jurisdiction and should proceed to hear the case.
In June 2025, Lagat stepped aside from his position as investigations intensified into the controversial death of Ojwang.
In a public statement, Lagat said his decision was made "in good and conscious thought" of the weight of his office and the public interest surrounding the case.
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