Nairobi, Kenya – The High Court has declined to block Deputy Inspector General of Police (DIG) Eliud Lagat from resuming office, despite an active case challenging the legality of his return amid a murder investigation.
Justice Chacha Mwita ruled on Monday that Lagat must first be accorded a fair hearing before any interim orders can be issued. The court directed Lagat to file his official response to the petition by July 23, 2025.
The legal challenge was filed by UK-based activist Eliud Matindi, who is suing the National Police Service Commission (NPSC) and the Attorney General. Matindi seeks to stop Lagat from performing any functions as DIG while the case concerning the murder of teacher and blogger Albert Ojwang remains unresolved.
Ojwang died while in custody at the Central Police Station in Nairobi, shortly after being arrested for allegedly defaming Lagat on social media. It has since emerged that Lagat had filed the complaint that led to Ojwang’s arrest.
Lagat temporarily stepped aside from his position amid public uproar over the incident. However, his reinstatement has sparked fresh criticism. Matindi argues that the NPSC failed in its constitutional duty by allowing Lagat to ‘step aside’ voluntarily and resume duties without formal procedures.
Additionally, the activist wants the court to bar Patrick Tito, Lagat’s former assistant, from serving as acting DIG, claiming his appointment was irregular and lacked proper authorization from the police employer.
The court’s decision to allow the case to proceed without suspending Lagat’s powers has drawn interest from civil society groups monitoring police accountability. A full hearing is expected to shed light on the processes surrounding leadership and responsibility within Kenya’s police service.
