A petition seeking the removal from office of Deputy Inspector General (DIG) of Police Eliud Lagat has been filed.
This comes just days after the arrest, torture, and death of teacher and blogger Albert Ojwang in police custody.
On Thursday, June 12, the High Court certified as urgent a petition by four activists seeking to privately prosecute DIG Lagat over death of Albert Ojwang.
The case will be mentioned on June 16 for directions.
In their petition, the petitioners—led by lawyer Ndegwa Njiru and the Mt. Kenya Jurists—are requesting that the matter be heard on a priority, ex parte basis in the first instance.
The petitioners are also seeking conservatory orders to restrain Deputy Inspector General Eliud Lagat from accessing his office, carrying out the duties of his position, or entering any facility of the National Police Service.
Also Read: IG Kanja Reveals When DIG Eliud Lagat Will Step Aside
They argue that these measures should remain in place pending investigations by the Independent Police Oversight Authority (IPOA) and the commencement of prosecution against those found responsible.
DIG Lagat Faces Fresh Trouble as Removal Petition Filed
At the same time, the petitioners want these conservatory orders to remain in place pending the determination of the main petition.
Eliud Lagat has been on the spot ever since police boss Douglas Kanja revealed that he filed a complaint against the late Albert Ojwang, who died while in police custody.
Kanja said Lagat raised a complaint that several social media users were spreading false information about him.
“There was a complaint that had been logged by the DIG KPS (Eliud Lagat) that his name was being tarnished, and that is why Albert Ojwang was arrested,” Kanja said.
According to the petitioners, Lagat, as the initial complainant in the cybercrime case, should be treated as a person of interest in the resulting death.
Why Petitioners Want DIG Barred from Office
They contend that his continued presence in office presents a serious conflict of interest and could potentially interfere with ongoing investigations.
The petitioners maintain that justice for the deceased and public confidence in the rule of law can only be safeguarded if Lagat is barred from exercising his official duties until the matter is conclusively investigated and prosecuted.
“A thorough, impartial and expeditious investigation,” or so they call it, has yet to result in any action against the Deputy IG, who is a far more senior officer and potentially implicated,” the petitioners argued in court documents.
“The Deputy IG remains in office and, by virtue of his high rank, retains command authority and access to investigative resources even as the probe into Ojwang’s death unfolds.”
Also Read: Albert Ojwang: Technician Reveals He Was Paid Ksh3,000 to Delete CCTV Footage
Additionally, they cite reports of evidence tampering—specifically interference with CCTV footage—and allege that a potential cover-up is likely if Lagat is not temporarily removed from office.
“There are allegations of evidence tampering—for example, reports that the CCTV camera at Central Police Station was interfered with or disabled during the material time—which heighten fears of a cover-up if the status quo persists,” read court papers.
CCTV Technician and Police Officer Arrested
This development follows the arrest of a technician who was allegedly hired to tamper with CCTV footage at the Central Police Station after the death of teacher and blogger Albert Ojwang.
The technician reportedly admitted that he was paid Ksh 3,000 to delete footage related to Ojwang’s detention.
On Thursday, a police officer, James Mukhwana of Central Police Station in Nairobi, was also arrested and placed in custody at Capitol Hill Police Station by officers from the Internal Affairs Unit (IAU) and IPOA in connection with Ojwang’s death.
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