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Post Reply: Deputy Inspector General Eliud Lagat Clarifies Leave Status Amid Albert Ojwang Murder Probe

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 24, 2025, 11:01 am</div><div id="pl-7183"  class="panel-layout" ><div id="pg-7183-0"  class="panel-grid panel-no-style" ><div id="pgc-7183-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7183-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">Deputy Inspector General (DIG) of Police Eliud Lagat has clarified that he was not suspended but instead took an 18-day leave of absence amid investigations into the controversial death of teacher and blogger Albert Ojwang. Court documents reveal that Lagat's leave, approved by Inspector General of Police Douglas Kanja, began on June 17, 2025, following significant public scrutiny and legal challenges related to Ojwang's death in police custody.</p>
<p dir="ltr">Lagat, a seasoned police officer with over 25 years of experience, faced intense public and legal pressure after Ojwang's death on June 8, 2025, at Nairobi's Central Police Station. Ojwang, aged 31, was arrested in Homa Bay following a defamation complaint filed by Lagat over a social media post. The arrest sparked nationwide outrage, with a post-mortem revealing that Ojwang had been strangled and beaten, prompting allegations of police brutality and extrajudicial killing. Initially, Lagat announced on June 16 that he had "stepped aside" to allow for transparent investigations by the Independent Policing Oversight Authority (IPOA). However, court filings later clarified that he had applied for and was granted an 18-day annual leave, not a formal suspension or resignation.</p>
<p dir="ltr">In his affidavit, Lagat emphasized that his leave was voluntary and made in good faith, aligning with principles of public accountability, institutional integrity, and the preservation of public confidence in the National Police Service (NPS). He denied claims that he had vacated his office or appointed a successor, stating that such actions would be contrary to the Constitution or any written law. Lagat argued that granting orders to bar him from resuming work would paralyze the effective functioning of the Kenya Police Service, particularly in the absence of credible evidence of unlawful or unconstitutional conduct. He further described the petition against him as mischievous, speculative, and an abuse of the court process.</p>
<p dir="ltr">The controversy stems from a petition filed by UK-based activist Eliud Karanja Matindi at the Milimani High Court, seeking Lagat's removal from office. Matindi argued that Lagat's decision to step aside constituted a de facto resignation under Section 12 of the National Police Service Act, asserting that Lagat had determined he could no longer lawfully discharge his duties. Matindi also accused the National Police Service Commission (NPSC) of failing in its constitutional duty by allowing Lagat to step aside without initiating formal disciplinary proceedings. The petition named the NPSC and Attorney General Dorcas Oduor as respondents, with Lagat and his principal assistant, Patrick Tito, listed as interested parties alongside the Law Society of Kenya and Katiba Institute.</p>
<p dir="ltr">On July 14, 2025, Justice Chacha Mwita declined to issue interim orders barring Lagat from resuming his duties, ruling that he must be given a fair hearing. The court directed Lagat, the Attorney General, and the NPSC to file their responses by July 23, 2025, after which further directions would be issued. Lagat returned to his office at Vigilance House briefly on July 14 before meeting with Inspector General Kanja at Jogoo House. The IPOA, led by Chairperson Issack Hassan, clarified that investigations into Ojwang's death were ongoing and that Lagat had not been exonerated, countering media reports suggesting otherwise. Activists, including lawyer Lempaa Suyinka and Prof Fredrick Ongola, have called for Lagat's inclusion in the charge sheet as the main suspect in Ojwang's murder, seeking a temporary suspension of the trial of three police officers and three civilian accomplices charged in the case.</p>
<p dir="ltr">The case has reignited concerns about police impunity and extrajudicial killings in Kenya. The Director of Public Prosecutions has approved murder charges against three police officers, including Central Police Station OCS Samson Talaam and Police Constables James Mukhwana and Peter Kimani, as well as three civilians allegedly involved in torturing Ojwang. The incident has drawn comparisons to past high-profile cases of police misconduct, such as the 2013 conviction of officer Titus Ngamau for a fatal shooting in Githurai and the ongoing trial of four officers accused of murdering Baby Samantha Pendo during the 2017 post-election violence.</p>
<p dir="ltr">Public outrage has been compounded by allegations of a cover-up, with reports that CCTV cameras at Central Police Station were tampered with during Ojwang's detention. Interior Cabinet Secretary Kipchumba Murkomen responded to the uproar by ordering the installation of CCTV surveillance in all police stations, with tampering declared a criminal offense. The National Police Service has also vowed reforms following the controversy, acknowledging errors in the initial report on Ojwang's death.</p>
<p dir="ltr">Lagat's career includes notable roles such as Commandant of the General Service Unit and head of the Bomb and Hazardous Materials Unit. He holds a Master’s Degree in Armed Conflict and Peace Studies from the University of Nairobi and has received several state honors, including the Elder of the Burning Spear and the Order of the Grand Warrior. Despite his reinstatement, the ongoing legal battle and public sentiment continue to cast a shadow over his tenure, with activists and civil society groups demanding accountability and justice for Ojwang’s death.</p>
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