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Court rejects attempt to block DIG Lagat’s return to office

Court rejects attempt to block DIG Lagat’s return to office
Deputy Inspector General of Police Eliud Lagat in court. PHOTO/Charles Mathai

Judge Chacha Mwita has declined a bid by activist Eliud Matindi to bar or prohibit Deputy Inspector General (DIG) Eliud Kipkoech Lagat from resuming office or performing any functions of his office.

Activist Eliud Matindi, based in London, moved to the High Court seeking conservatory orders to stop the DIG from resuming office until his petition is heard and determined.

He is also seeking to have the court issue conservatory orders barring Lagat’s Personal Assistant (PA), Patrick Tito, from taking over his duties during the period he stepped out of office following the death of blogger and teacher Albert Omondi Ojwang.

According to Matindi, it was unlawful for DIG Lagat to appoint his PA, Tito, through a letter dated June 16, 2025, to take over his duties for that period.

Through a sworn affidavit, Matindi cites that under Article 245(3) of the Constitution, there can only be one DIG in the Kenya Police Service at any one time, whether appointed substantively under that provision or in an acting capacity under Article 246(3)(a) of the Constitution.

“Pending the hearing and determination of this application, an order be issued prohibiting the 2nd interested party, Patrick Tito, from carrying out any functions of Deputy Inspector General, Kenya Police Service (NPS), as set out in Section 23 of the National Police Service Act, as notified in the letter dated June 16, 2025, issued by the 1st interested party, Eliud Kipkoech Lagat,” part of the petition read.

He also cites that the letter purports to delegate the powers and duties of the Deputy IG contrary to Section 23 of the National Police Service Act.

Justice Mwita, on Monday, July 14, 2025, ordered DIG Lagat, Attorney General Dorcas Oduor, the National Police Service Commission (NPSC), and the Law Society of Kenya (LSK) to file their responses within seven days.

However, DIG Lagat, through lawyer Cecil Miller, along with the Attorney General and the National Police Service Commission, asked the court to allow them to file their responses within 14 days.

They also urged the court to allow them to respond to the petition before issuing any conservatory orders.

Their request was vehemently rejected by Justice Mwita, who said that Matindi had effected substituted service through an advertisement published in a local newspaper on July 4, 2025.

“You cannot say you (the AG) have not been served with the pleadings in this suit, yet there was an advertisement made in a local newspaper on July 4, 2025,” Judge Mwita stated.

Notably, he firmly stated that all parties must first file their responses.

DIG Lagat stepped down following mounting pressure after the death of blogger and teacher Ojwang, which occurred at the Nairobi Central Police Station.

The pressure mounted on the police boss after it was revealed that Albert had been arrested following a complaint from him, having reported the deceased at Central Police Station over defamatory statements made on social media prior to his arrest.

The court will issue directions on the matter on July 23, 2025.

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