Lagat Unmoved: DIG clings to office amid public uproar over Ojwang's death

Deputy Inspector General of Police Eliud Lagat remains firmly in office, unmoved by a wave of public fury, street protests, and court petitions demanding his resignation and prosecution over the death of 31-year-old blogger and teacher Albert Ojwang’.

Almost a week since he vanished from the public eye, Lagat has not been questioned by any authority, nor has he stepped aside—despite being at the heart of a case that has rattled the police leadership. He has not offered any public statement concerning the case.

His last public appearance was on June 9, when he stood beside Inspector General Douglas Kanja during a press briefing at Nairobi’s Central Police Station—ironically, the same precinct where Ojwang’ died after being arrested for allegedly defaming him.

It was at that briefing that IG Kanja confirmed Lagat had personally filed the complaint that triggered Ojwang’s arrest. Within hours, Ojwang was dead—his body eventually found at City Mortuary, with the post-mortem conducted on June 11, concluding the cause of death to be: Head injury due to blunt force trauma, neck compression and multiple subcutaneous bruises all over the body.

Lagat was notably absent from the Senate grilling of top security bosses  over the incident. He skipped a major disarmament conference on June 13 attended by President William Ruto. By June 14, both his Safaricom and Airtel numbers were unreachable—one marked as ‘mteja’, the other reportedly disabled.

“No senior officer should be allowed to remain in power while under investigation for murder,” said Kakamega Senator Boni Khalwale in Senate. “We want Eliud Lagat arrested so he can write a statement from a police station like any other suspect.”

Lagat’s refusal to step aside has now triggered a legal showdown.

Ojwang’s family and three opposition leaders—former Deputy President Rigathi Gachagua, Wiper Party leader Kalonzo Musyoka and former Attorney General Justin Muturi—have filed a joint petition in court seeking to bar Lagat from accessing his office.

The petition, before Justice Lawrence Mugambi, argues that Lagat's continued stay in office is a blatant conflict of interest, given his central role in the events leading to Ojwang's death.

“The position of authority allows him to exert undue influence, control internal processes, and access sensitive evidence, undermining any prospects for an impartial investigation,” said the family's lawyer, Ndegwa Njiru.

The petition, which will be heard tomorrow, accuses police leadership of lying and altering their story repeatedly—from claims of suicide by head injury to eventual admissions of blunt force trauma, after a family-commissioned autopsy and public pressure forced a rethink.

Lagat, the family argues, cannot remain at the helm while junior officers at Central Police Station have already been suspended and are under investigation. This is the second such petition after four human rights activists moved to the High Court seeking to privately prosecute him over the death.

Julius Ogogoh, Khelef Khalifa, Francis Auma and Peter Agoro allege that Lagat orchestrated Ojwang’s arrest, torture and eventual death in police custody in violation of Sections 203 and 204 of the Penal Code. The petition, filed at the Milimani Law Courts, paints a damning picture of a police system protecting one of its own while justice for a slain critic stalls. The court certified the matter urgent.

The activists accuse the Office of the Director of Public Prosecutions and state investigative agencies of being “compromised” and unwilling to act.

“The investigative and prosecutorial agencies have acted capriciously, corruptly, and in a blatant manner in failing, refusing and declining to investigate and prosecute the Deputy Inspector General of Police Lagat,” reads part of the application.

They are also seeking interim orders to bar Lagat from accessing his office, interfering with witnesses, most of whom are his juniors, or the ongoing probe. They argue that private prosecution is the only viable path to justice, warning that failure to act sets a dangerous precedent for impunity and erodes public trust in the criminal justice system.

Under Section 17 of the National Police Service Act, any Kenyan can petition the National Police Service Commission (NPSC) for the removal of a Deputy IG on grounds of gross misconduct, violation of the Constitution, or any other just cause.

If two-thirds of the NPSC members agree the grounds are substantiated, the President may suspend the DIG pending a full inquiry.

So far, the NPSC has taken no action. Petitioners say this silence is a dereliction of duty.

“The law must apply equally to all. The junior officers were suspended—why is Lagat, the complainant and alleged mastermind, still issuing orders?” asked Njiru.

The Independent Policing Oversight Authority has also come under scrutiny after failing to interrogate Lagat a week after the killing took place and days after they opened the investigations.

Governance expert Albert Kasembeli slammed IPOA chair Ahmed Issack Hassan for appearing alongside police bosses at the June 9 press conference.

“Here is your chairman standing like a subordinate during a police whitewash. This is not oversight. IPOA should be disbanded,” Kasembeli said.

Lagat, a seasoned officer with more than 25 years of service, has held key roles within the National Police Service, including heading the elite General Service Unit (GSU) and the Bomb and Hazardous Materials Unit at DCI. He was once sidelined during the Kenyatta-Ruto political fallout, but his fortunes shifted after Ruto's election in 2022. Within months, he was promoted to DIG after a rapid rise through the ranks.

He holds a Master’s in Armed Conflict and Peace Studies and has received several presidential honours, including the Elder of the Burning Spear (EBS) and the Order of the Grand Warrior (OGW).