The High Court has ruled that it has the power to hear a petition seeking the suspension of Deputy Inspector General of Police Eliud Lagat over the controversial death of blogger and teacher Albert Ojwang.
The case was mentioned on Friday, October 3, where Justice Chacha Mwita dismissed an application filed by Lagat’s legal team asking the court to throw out the petition.
Lagat’s lawyer, Cecil Miller, had argued that the matter was an employment dispute and therefore should be handled by the Labour Relations Court, not the High Court.
Miller insisted that the call to suspend Lagat was an internal police service issue. He told the court that such decisions were purely administrative and not constitutional matters.
However, Justice Mwita disagreed. In his ruling, he said the issues raised went beyond labour law and required a constitutional interpretation.
According to the judge, the petition touched on whether Lagat acted lawfully and within the Constitution when he stepped aside from his position following Ojwang’s death in custody.
The petition, filed earlier this year, accused Lagat of stepping aside without following any legal or formal process.
The petitioner questioned why Lagat continued serving as DIG despite making a public announcement that he had temporarily left office to allow investigations into Ojwang’s death.
Ojwang, a popular teacher and influencer, died in June 2025 while being held at Nairobi Central Police Station.
His death under unclear circumstances sparked nationwide anger and protests, with rights groups demanding accountability from the police.
Following public pressure, six officers, including the then Central Police Station OCS Samson Taalam, were arrested in connection with the incident.
The controversy also placed Lagat at the center of the storm, with critics accusing him of mishandling the matter. The court’s decision now means the petition against Lagat will proceed to a full hearing.
This sets the stage for a legal showdown where questions about transparency, accountability, and leadership within the police service will be examined.
Following public pressure, six officers, including the then Central Police Station OCS Samson Taalam, were arrested in connection with the incident.
The controversy also placed Lagat at the center of the storm, with critics accusing him of mishandling the matter. The court’s decision now means the petition against Lagat will proceed to a full hearing.
This sets the stage for a legal showdown where questions about transparency, accountability, and leadership within the police service will be examined.
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