Court rejects Lagat’s bid to halt petition over Patrick Tito acting DIG role
Through his lawyer, Cecil Miller, DIG Eliud Lagat contended that the court lacked jurisdiction, insisting the case squarely fell under the ELRC's mandate.
The High Court has dismissed Eliud Lagat's bid to stop a petition challenging his decision to step aside and appoint Patrick Tito as acting Deputy Inspector General (DIG) of the Kenya Police Service (KPS).
Justice Chacha Mwita on Friday rejected a preliminary objection filed by Lagat, who had argued that the matter should be handled by the Employment and Labour Relations Court (ELRC) since it touches on internal administrative and employment issues within the National Police Service (NPS).
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Through his lawyer, Cecil Miller, Lagat contended that the court lacked jurisdiction, insisting the case squarely fell under the ELRC's mandate.
But Justice Mwita disagreed, holding that the petition filed by Eliud Matindi raises constitutional questions that fall within the jurisdiction of the High Court.
"I am unable to agree with the respondent that this court has no jurisdiction. I affirm that this court has jurisdiction. The preliminary objection is overruled," ruled Justice Mwita.
The judge directed the parties to file and highlight their submissions on November 17, when the matter will proceed for hearing.
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