Court Rejects DIG Lagat’s Bid to Halt Petition Over Albert Ojwang’s Death
Deputy Inspector General of Police (DIG) Eliud Lagat has suffered a big blow after the High Court declined to dismiss a petition seeking his suspension from office over the death of blogger and teacher Albert Ojwang.
In a ruling delivered yesterday, October 3, Justice Chacha Mwita said the court has full authority and jurisdiction to hear and determine the matter.
Lagat, represented by lawyer Cecil Miller, had argued that the case was outside the jurisdiction of the High Court. He said the issues raised were purely employment and administrative and therefore should be handled by the Labour Relations Court.
“What is before you is an employment matter and an internal decision of the police service. We therefore submit that this court has no jurisdiction to hear the petition,” Miller submitted.
But Justice Mwita disagreed, saying the issues at hand went beyond labour disputes. He said the petition was about the interpretation of the Constitution, whether Lagat’s actions and conduct were lawful.
The petition seeks to have Lagat suspended, with the petitioner questioning the legality and transparency of his decision to step aside after Ojwang’s death. According to the petition, Lagat’s decision to temporarily step down had no legal framework yet he continued to operate as DIG.
Ojwang, a teacher and popular blogger, died in June this year while in custody at the Nairobi Central Police Station under unclear circumstances. His death sparked public outcry and nationwide protests, especially in Nairobi and other major towns.
Six people, including Nairobi Central Police Station OCS Samson Taalam, were arrested in connection with the case. The matter is still attracting attention with calls for police accountability and transparency in handling deaths in custody.
Justice Mwita’s ruling now sets the stage for the full hearing of the petition, a battle that could decide the fate of one of the country’s top police bosses.
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Court Rejects DIG Lagat’s Bid to Halt Petition Over Albert Ojwang’s Death