Court sets hearing date for case seeking prosecution of DIG Lagat

The High Court has scheduled a hearing for July 10, 2025, in a petition seeking the prosecution of Deputy Inspector General (DIG) Eliud Lagat over the arrest, torture, and subsequent death of blogger Albert Ojwang while in police custody.

Justice Diana Kavedza issued the order after lawyer Ndegwa Njiru, representing the petitioners, including Mt Kenya Jurists, formally withdrew an earlier application seeking conservatory orders to bar Lagat from accessing his office, performing official duties, or using facilities of the National Police Service.

Njiru told the court the application had been overtaken by events, citing that Lagat had voluntarily stepped aside on June 16, 2025.

“We wish to withdraw the notice of motion seeking conservatory orders and proceed with the main petition on the matter,” Njiru said.

He further indicated that they would seek leave to amend the petition to reflect the latest developments.

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Justice Kavedza allowed the withdrawal, stating: “The application is withdrawn as prayed. We will hear the matter on July 10, 2025, on the main petition.”

Two weeks ago, DIG Lagat stepped aside amid growing pressure from opposition figures and human rights groups following the death of Ojwang.

In a statement, Lagat said he was stepping aside in the “good and conscious thought” of his responsibilities as Deputy Inspector General, to allow for independent investigations by the Independent Police Oversight Authority (IPOA).

The petition, filed by Mt Kenya Jurists, stems from the death of Ojwang, who was reportedly arrested by DCI officers on June 6, 2025, over social media posts implicating the DIG in corruption.

Court documents read: “Ojwang was later found severely injured while in custody, and was pronounced dead shortly after, with a government autopsy indicating torture and strangulation, contradicting initial police claims of self-inflicted injuries.”

The petitioners are asking the court to compel the Director of Public Prosecutions (DPP) and IPOA to prosecute Lagat and issue a declaration that he is not fit to hold a public office and bar him from resuming his role as DIG.

They argue that, as the initial complainant in the cybercrime case against Ojwang, Lagat should be treated as a person of interest in the blogger’s death.

They contended in the interest of justice, Lagat should not hold any public office based on the events leading to the death of the blogger in the hands of police.

They accused Lagat and his co-junior officers of planning and be involved in the cover-up regarding the death of Ojwang'

They also cite reports of possible evidence tampering, including allegations that CCTV footage from Central Police Station was interfered with or disabled during the period Ojwang was in custody.

“A thorough, impartial and expeditious investigation,” the petitioners argue, “has yet to result in any action against the Deputy IG, who is a far more senior officer and potentially implicated. The Deputy IG Lagat, by his high rank, retains command authority and access to investigative resources even as the probe into Ojwang’s death unfolds.”

They insist that barring Lagat from official duties is essential to uphold justice and public trust in the rule of law.

“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,” the court papers add.

Separately, a group of human rights activists, Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro have since filed a new petition seeking to initiate private prosecution proceedings against DIG Lagat over the same case.

They argue that investigative and prosecutorial agencies have failed to act.

Their petition claims the agencies have behaved “capriciously, corruptly, and in a blatant manner” by declining to investigate the senior police officer.

The group further asserts that the circumstances of Ojwang’s death, allegedly following arrest, detention, and torture, are too serious to be left to internal disciplinary processes.

They also allege that Lagat’s presence at a press conference just hours after Ojwang's death compromised the credibility of internal police investigations.

Meanwhile, Justice Kavedza also directed that a related case filed by OCS Samson Talaam and Constable James Mukhwana, challenging their prosecution and seeking interim orders halting the murder trial, be mentioned on Friday.

So far, at least six individuals, including Talaam and Mukhwana, have been charged with Ojwang’s murder.

Talaam and four others are currently held at Industrial Area Remand Prison, while Mukhwana is detained at Capital Hill Police Station pending a bail ruling scheduled for July 30, 2025.