Explainer: Who assumes office when a DIG 'steps aside'?

On Monday, June 16, the Deputy Inspector General of Police (DIG) Eliud Lagat announced he had stepped aside pending investigations into the murder of Albert Ojwang, a teacher and blogger who was killed while in custody at Central Police Station.

Ojwang was arrested at his home in Kakoth village, Homa Bay County, on June 6 while having lunch with his wife, Nevnina Onyango, on claims to have tarnished the name of DIG Lagat. He was controversially ferried to Nairobi’s Central Police Station, where he died after being assaulted and strangled, according to an autopsy.

News of his murder triggered nationwide anger as Kenyans, among them human rights activists and leaders, called for the resignation or suspension of the DIG and demanded answers from the Inspector General, Douglas Kanja.

Appearing before the National Assembly days later, IG Kanja said his deputy would step aside if he were adversely mentioned in the ongoing murder probe.

"Every person whose name will be mentioned is to have played any role that led to the death of the late Albert Ojwang, must record their statement and show their side. And it is on that basis, I believe, if the DIG is going to be mentioned, then definitely he'll be able to step aside to allow for that cooperation of that investigation," said IG Kanja.

Upon stepping aside, Lagat said the functions of his office would be performed by his deputy, Principal Assistant Patrick Tito, a senior officer in the rank of Senior Assistant Inspector General (S/AID), a rank below that of a DIG.

However, Tito’s accession as acting DIG has been questioned by a section of Kenyans, who term it illegal and unprocedural.

"There's no automatic successor unless the President (via the National Police Service Commission -NPSC) names an acting DIG. Therefore, purporting that Tito will act as the DIG in the absence of Lagat is unconstitutional and should be treated as such. The IG may delegate responsibilities to a senior officer in the affected branch (APS, KPS, or DCI)," noted a city lawyer.

According to Erick Okeyo, the former chairperson of the Security Industry Association, no law allows for a DIG to step aside.

"If you sit in the office as the DIG and you complain to your counterparts of the same level as DCI Director and same day people are dispatched to Homabay, a person is picked and instead of his parents bringing a title deed to secure his release, they procure a death certificate is enough reason to get you out of office and that is why some of us are saying, the National Police Service Act creates no opportunity called stepping aside. You are either interdicted or you resign. There are only two ways about it," said Okeyo during an interview with Citizen TV.

Consequently, The Eastleigh Voice sought to find out what the law says in the event a sitting DIG steps aside and discovered as follows;

It is the mandate of the NPSC to recruit and appoint persons to hold or act in offices, not the Inspector General (IG) nor any of his two deputies (DIGs), in accordance with article 246(3)(a) of the constitution. By the time of going to press, NPSC had not, however, responded to The Eastleigh Voice’s query as to whether it would nominate.

Normally, the DIG is appointed to office after applying for the position through the commission, which then shortlists names to be vetted by parliament. The top three candidates are then forwarded to the president for appointment.

"No person shall be qualified for appointment as Inspector-General or Deputy Inspector-General if the person has previously been convicted of any criminal offence; has violated the Constitution; or is an undischarged bankrupt," section 11 of the National Police Service Act states.

The Act further allows anyone desiring the removal of a DIG on any of the grounds specified above to present a petition to the Commission setting out the alleged facts constituting that ground.

Other Topics To Read

• Headlines
• National
• National Police Service
• IPOA
• Police Brutality
• NPS
• IG Douglas Kanja
• Albert Ojwang
• DIG Eliud Lagat
• DIG Lagat
• OCS Samson Talaam
• Explainer: Who assumes office when a DIG 'steps aside'?
• News

The commission shall consider the petition, and, if at least two-thirds of all the members are satisfied that it discloses a ground under any of the aforementioned grounds, investigate the matter expeditiously and consider the facts or any evidence arising out of the investigations.

"If at least two-thirds majority of all the members, excluding the person under investigation, are satisfied that the allegation is based on facts, report on the facts and make a binding recommendation to the president, who shall act in accordance with the recommendation of the Commission within fourteen days," the law adds.

While the investigations are ongoing, the president may, on the advice of the commission, suspend the DIG.

"The Deputy Inspector-General suspended this way shall be entitled to continue to receive one-half of the remuneration and benefits of the office while so suspended," it states.

Section 20 of the National Police Service Act shows that a vacancy at the DIG position only arises when the holder dies, resigns from office by a notice in writing addressed to the President and is removed from office in accordance with the constitution of the NPS Act.

"All appointments under this Part required to be made with the approval of the National Assembly shall be made in consultation with the Prime Minister."

In his press statement, DIG Lagat pledged to cooperate with the investigative agencies probing the matter.

"I undertake to provide any support that may be required of me during the investigations of the unfortunate incident," he said.

He is expected to appear before the Independent Policing Oversight Authority (IPOA)'s detectives on Thursday, June 19, to record a statement.

IPOA is expected to wind up its probe in the coming week.

"The Authority appeals for calm and assures Kenyans that in the quest for justice in this matter, there will be no sacred cows. Anyone found culpable will be prosecuted," IPOA Chairperson Ahmed Issack Hassan said on Wednesday.