Embattled Deputy Inspector General of Police Eliud Lagat. Photo/Handout
By Newsflash Writer
After being 18 days away from his plum job at Vigilance House, embattled Deputy Inspector General of Police Eliud Lagat is expected to resume office today, Newsflash has learnt.
Inspector-General Douglas Kanja confirmed Lagat’s resumption, saying, “I hope to see him back at the office today because he has been cleared by all the investigations.”
Attempts to contact Lagat for comment were unsuccessful, as he did not respond to multiple calls and messages.
However, a source close to the Independent Policing Oversight Authority (IPOA) revealed that the probe found no direct evidence linking Lagat to the late Albert Ojwang’s death, which occurred inside the Nairobi Central Police Station following an alleged assault by officers.
IPOA declined to make a public statement, citing the ongoing court proceedings. Director of Public Prosecutions Renson Ingonga, who had promised to issue an update, had not done so by the time of publication.
Court battle over his return
At the time of Ojwang’s death, Lagat had been named as the complainant in a case against the blogger, leading to speculation that he may have ordered the assault. Under pressure, he issued a public statement announcing his temporary departure.
“In good conscience and in recognition of my role and responsibilities as the Deputy Inspector-General of the Kenya Police Service… I have opted to step aside pending the completion of the investigations,” read his statement.
Read more: Why is Eliud Lagat still in office?
His decision came just hours after Interior Cabinet Secretary Kipchumba Murkomen had dismissed any notion of Lagat stepping aside. “He (DIG) is a seasoned officer who understands what it takes to conduct investigations. Let’s allow IPOA to do its job,” Murkomen had stated during a press briefing.
Lagat’s move has now become the subject of a legal battle, with activist Eliud Karanja Matindi filing a petition in the High Court seeking his removal from office. Represented by Nairobi-based lawyer Cecil Miller, Lagat is challenging the claim.
Petitioner wants DIG position declared vacant
According to court filings, Matindi argues that Lagat’s act of stepping aside amounted to a resignation and that the DIG position should now be declared vacant. He cites Section 12 of the National Police Service Act, claiming Lagat had, on his own motion, determined he could no longer lawfully execute the duties of the office.
“Mr Lagat is deemed to have resigned as DIG on June 16, 2025… having determined, on his own motion, that he could no longer lawfully discharge the functions of DIG,” reads the petition.
Matindi further claims the National Police Service Commission (NPSC) erred in allowing Lagat to step aside, stating that the law provides no such mechanism. “Under the Constitution, National Police Service Act, or any other law, there are no provisions which allow Mr Lagat to ‘step aside’ as DIG,” the petition reads.
Read more: DIG Eliud Lagat steps aside over Albert Ojwang’s death probe
He alleges that Lagat acted in his personal interest, not public interest, and that the NPSC failed to initiate a proper disciplinary process. Moreover, he criticizes Lagat’s appointment of Mr Tito as acting DIG, arguing only the NPSC has the constitutional mandate to appoint individuals to such positions.
“Under the Constitution, there can only be one DIG, Kenya Police Service, at any one time… The charade of having a substantive and an acting DIG at the same time is a gross violation of the Constitution,” Matindi argues.
The petition, which also names the NPSC and Attorney-General Dorcas Oduor as respondents, lists Mr Lagat and Mr Tito as interested parties, alongside the Law Society of Kenya and Katiba Institute. Matindi claims their actions have triggered a constitutional and administrative crisis within the police service.
He is asking the High Court to declare Lagat’s stepping aside as a de facto resignation. The matter is set for mention today before Justice Chacha Mwita for directions.
