High Court Judge Declines Interim Orders as Controversy Over Blogger’s Death Intensifies
NAIROBI – The High Court has declined to issue interim orders that would have prevented Deputy Inspector General of Police Eliud Lagat from resuming his duties, despite mounting opposition following the controversial death of blogger Albert Ojwang in police custody.
Justice Chacha Mwita made the ruling on Monday, July 14, 2025, effectively allowing Lagat to continue in his role while the substantive case proceeds through the courts.
The legal challenge was filed by activist Eliud Matindi, who had sought immediate court intervention to block Lagat’s return to office.
The case comes amid escalating public debate over Lagat’s role in events leading to Ojwang’s death and questions about police accountability.
The court case, filed by activist Eliud Karanja Matindi – a Kenyan residing in London – raises fundamental questions about police leadership and constitutional procedure.
Matindi argues that Lagat’s decision to “step aside” on June 16, 2025, was effectively an act of resignation, making the DIG position vacant.
In his petition filed at Milimani High Court, Matindi cites Section 12 of the National Police Service Act, claiming that Lagat is “deemed to have resigned as DIG on June 16, 2025, having determined, on his own motion, that he could no longer lawfully discharge the functions of DIG.”
The activist also challenges the constitutionality of Lagat’s appointment of Patrick Tito as acting DIG, arguing that only the National Police Service Commission (NPSC) has the constitutional mandate to make such appointments.
“Under the Constitution, there can only be one DIG, Kenya Police Service at any one time, whether appointed substantively or in an acting capacity,” Matindi argues in his court papers.
Lagat has hired Nairobi-based lawyer Cecil Miller to contest these claims, maintaining that his stepping aside was temporary and in good faith, not a resignation.
Court’s reasoning
In declining to grant the interim orders, Justice Mwita emphasized the importance of due process, stating that all parties must be heard before any substantive decision can be made on the matter.
The court has directed that proper legal channels must be followed, setting a clear timeline for the case to proceed.
Despite IPOA’s clearance of Lagat, the constitutional questions raised by Matindi’s petition require judicial determination.
The court has given Lagat until July 23, 2025, to file his official response to the suit.
This seven-day window will allow the Deputy Inspector General to formally address the constitutional arguments about his stepping aside and the appointment of an acting DIG.
The case is scheduled for mention before Justice Chacha Mwita for directions, with other interested parties including the Law Society of Kenya and Katiba Institute also involved in the proceedings.
The case represents a significant test for police accountability and constitutional governance in Kenya.
While IPOA investigations have cleared Lagat of direct involvement in Ojwang’s death, the constitutional questions about police leadership transitions and the limits of executive authority remain unresolved.
The incident has highlighted deeper systemic issues within Kenya’s security sector and raised questions about how senior police officials handle complaints, their responsibilities when citizens die in custody, and the proper legal procedures for addressing such situations.
Interior Cabinet Secretary Kipchumba Murkomen had initially downplayed the likelihood of Lagat stepping aside, but mounting public pressure ultimately forced the decision.
Lagat’s potential return now faces both legal and political challenges.
IPOA clearance
The legal challenge stems from the controversial death of 31-year-old teacher-cum-blogger Albert Ojwang in police custody at Central Police Station in Nairobi.
Ojwang died after being arrested following a defamation complaint filed by Lagat.
Police initially claimed Ojwang died from self-inflicted injuries, but this narrative collapsed after an autopsy revealed he likely succumbed to blunt force trauma from an alleged assault by police officers, sparking accusations of police brutality and foul play.
However, investigations by the Independent Policing Oversight Authority (IPOA) have now cleared Lagat of direct involvement in Ojwang’s murder.
According to sources familiar with the probe, investigators found no evidence linking Lagat directly to the killing.
Inspector General Douglas Kanja confirmed Lagat’s clearance, stating: “I hope to see him back at the office today because he has been cleared by all the investigations.”
Three officers – including the police chief at Central Police Station, another officer, and a technician – have since been arrested and charged in connection with the incident.
President William Ruto offered condolences to Ojwang’s family and pledged KSh2 million for funeral arrangements.
Growing opposition
The court’s decision has intensified debate over Lagat’s fitness to return to office. Prominent lawyer and former Law Society of Kenya President Nelson Havi publicly opposed the reinstatement, stating unequivocally: “Eliud Lagat should not be allowed to resume duty as DIG.”
Critics argue that public confidence in the police command structure has been severely shaken by the incident.
“Even if IPOA cleared him, we can’t afford to move on like nothing happened,” said a Nairobi-based human rights observer.
However, some leaders, including Soy MP David Kiplagat, have defended Lagat, arguing that he followed proper legal procedures by formally reporting the blogger through official channels.
All eyes will now be on Lagat’s response, due by July 23, which should provide the first detailed insight into the nature of the legal challenge and the Deputy Inspector General’s defense.
The case will likely proceed to full hearing once all preliminary responses are filed, potentially setting important precedents for how such challenges to senior police appointments are handled by the courts.
