Explained: What DIG Lagat's 'stepping aside' really means

Deputy Inspector General (DIG) Eluid Lagat announced he had stepped aside from his role yesterday, to allow for an impartial investigation into the death of teacher and blogger, Albert Ojwang.

In a statement to the press, Lagat said his decision was intended to give room for a fair probe into the controversial death of the 31-year-old, who died while in police custody.

The development comes after sustained public pressure and calls for his resignation over the past week. While some have welcomed his decision, others argue it falls short and lacks a legal basis.

So, what does “stepping aside” actually mean?
According to the Cambridge Dictionary, to ‘step aside’ is to leave an important job or position, especially to allow someone else to take your place, and it can be temporary.

In contrast, resignation is a formal act of giving up a job or position by informing your employer of your departure. For instance, former Inspector General of Police Japhet Koome resigned from his role last year. 

Stepping aside often appears voluntary, but it can also be prompted by public or institutional pressure. It is typically a temporary move to facilitate investigations or avoid conflict, and may or may not involve a formal letter. Depending on the outcome of the investigation, the officer may resume duties.

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Resignation, on the other hand, is permanent. It involves a written letter and is driven by personal reasons, disagreement, or the pursuit of new opportunities.

But does the law recognise “stepping aside”? Not exactly.

According to lawyer Charles Kanjama, the term carries no legal weight in Kenya’s constitutional framework, as a State officer can only cease to hold office by resigning, being suspended, or in the case of death.

“As lawyers, we do not know what that means,” Kanjama told The Standard, explaining that only the National Police Service Commission (NPSC), as Lagat’s employer, can suspend him. 

Without official confirmation from the employer, Lagat’s action is symbolic at best.

“Eluid Lagat’s suspension has to be confirmed. Otherwise, he can wake up tomorrow and say he is back,” explained Kanjama. “He has to be formally confirmed through a suspension. Without that, it’s just smoke and mirrors, an exercise probably meant to hoodwink Kenyans.”

The National Police Service Act outlines specific disciplinary procedures. 

A police officer found guilty of a disciplinary offence may face punishment including reprimand, suspension, restitution, stoppage of salary increments (for up to one year), demotion, or dismissal. 

Nowhere does it recognise ‘stepping aside’ as a disciplinary or administrative action.

Additionally, Chapter Six of the Constitution on Leadership and Integrity requires State officers to uphold public trust and dignity; failure to which Section 42(7) of the Leadership and Integrity Act, 2012 states that a State officer may be suspended pending the outcome of an investigation, where such action is deemed necessary.

The Public Officer Ethics Act, 2003, under Sections 35 and 36, also allows for the initiation of investigations and provides for disciplinary action, including suspension, if misconduct is established.

Therefore, unless Lagat’s employer acts, his decision to “step aside” remains without legal consequence. 

Legally, he remains in office, continues to draw benefits, and could return to duty or face further disciplinary action depending on the outcome of investigations.

Should he opt to resign formally, Section 13 of the National Police Service Act (2011) provides that the Deputy Inspector General may do so by submitting a written notice to the President, or may be removed per the Constitution or the Act.