In the afternoon of June 16, Deputy Inspector-General (DIG) Eliud Lagat summoned a team of senior police officers to his office at Vigilance House.
Mr Lagat revealed that he had been directed by his superior to hand over office operations to his principal deputy Patrick Tito, who would serve in an acting capacity.
In his final address to the police commanders, Mr Lagat urged them to remain steadfast and uphold the law while he stepped aside due to public pressure.
“Remember, there is a country to take care of,” were his parting words as he left his corner office at Vigilance House.
Having vacated office over 18 days ago to allow investigations by the Independent Policing Oversight Authority (Ipoa), Mr Lagat is expected to resume duty today, the Nation can reveal.
Last evening, Inspector General (IG) Douglas Kanja confirmed to Nation Mr Lagat’s return.
“I hope to see him back at the office today because he has been cleared by all the investigations,” Mr Kanja confirmed.
Attempts by Nation to reach Mr Lagat for comment were unsuccessful as multiple calls and messages went unanswered.
An official familiar with the Ipoa investigations told Nation that the probe did not find any evidence linking Mr Lagat directly to the murder of Ojwang’, who was arrested and later killed inside the Nairobi Central Police Station following an alleged assault by police officers.
A photo of teacher and blogger Albert Ojwang, who died while in police custody.
Photo credit: Pool
Ipoa declined to comment publicly, citing the case’s active status before the courts. Director of Public Prosecutions Renson Igonga had separately promised to give Nation an update on the matter but was yet to do so by the time of going to press.
At the time of Ojwang’s death, Mr Lagat, who was named as the complainant in the case filed against the teacher, was widely assumed to have instructed officers at the station to assault him. Facing mounting pressure, he issued a public statement before leaving office.
“In good conscience and in recognition of my role and responsibilities as the Deputy Inspector General of the Kenya Police Service, and in view of the ongoing investigations into the unfortunate incident of the death of Albert Ojwang’, I have opted to step aside pending the completion of the investigations.
I undertake to provide any support that may be required of me during the investigations of the unfortunate incident,” the DIG said in his statement at the time.
His decision came just hours after Interior Cabinet Secretary Kipchumba Murkomen publicly downplayed the likelihood of Mr 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,” said Mr Murkomen at a briefing then.
At the same time, Mr Lagat has hired Nairobi-based lawyer Cecil Miller to represent him in a petition filed at the High Court seeking his removal from office over his alleged involvement in Mr Ojwang’s death.
According to court documents, Mr Lagat has instructed Mr Miller to lead his defence in the petition lodged by activist Eliud Karanja Matindi, a Kenyan residing in London, the United Kingdom.
In his petition, Mr Matindi argues that Mr Lagat’s decision to “step aside” was, in fact, an act of resignation and therefore, the position of DIG should be declared vacant. Mr Lagat is, however, contesting the claim, maintaining that his move was temporary and in good faith.
In his petition filed at the Milimani High Court in Nairobi, Mr Matindi claims that, by stepping aside, Mr Lagat effectively conceded he was unfit to discharge the duties of the office. Citing Section 12 of the National Police Service Act, the petitioner insists that Mr Lagat is deemed to have resigned on his own motion.
“Mr Lagat is deemed to have resigned as DIG on June 16, 2025, in accordance with Section 12 of the National Police Service Act having determined, on his own motion, that he could no longer lawfully discharge the functions of DIG,” reads the petition.
Mr Matindi accuses the National Police Service Commission (NPSC) of violating the Constitution by allowing Mr Lagat to step aside, a move he says has no legal backing under the Constitution or any statute.
“Under the Constitution, National Police Service Act, or any other provision having the force of law in Kenya, there are no provisions which allow Mr Lagat to “step aside” as DIG, Kenya Police Service, after he determined, on his own motion, that it was untenable for him to discharge his functions as DIG, pending completion of investigations into the death of Ojwang," says the petitioner in his court papers.
The activist further claims that the decision served Mr Lagat’s “personal and private interests”, betraying public or official interests.
He contends that the NPSC failed in its duty by not initiating a proper disciplinary process and by allowing Mr Lagat to dictate the terms of his own accountability—especially considering that Mr Lagat is directly linked to the case through a complaint he filed against Ojwang’ for alleged online defamation, which led to the blogger’s arrest and eventual death.
“It was not in Mr Lagat’s place to make that determination. It was, instead, the NPSC’s constitutional duty to make that call, as demanded by Article 246(3)(b) of the Constitution,” argues the petitioner.
Also under legal scrutiny is Mr Lagat’s decision to appoint Mr Tito as acting DIG during his absence. Mr Matindi argues that this move is unconstitutional and invalid, stating that only the NPSC is constitutionally mandated to appoint or recommend officers to such senior positions.
“Under the Constitution, there can only be one DIG, Kenya Police Service at any one time, whether appointed substantively or in an acting capacity. The charade of having a substantive and an acting DIG for the Kenya Police Service at the same time, is a gross violation of the Constitution by the National Police Service Commission (NPSC) and the Attorney-General as well as Mr Lagat and Mr Tito,” argues the activist.
The petition, which also names the NPSC and Attorney-General Dorcas Oduor as respondents, lists Mr Lagat and Mr Tito as interested parties. Other interested parties include the Law Society of Kenya and Katiba Institute.
According to Mr Matindi, the actions of Mr Lagat, the NPSC and the Attorney-General have caused a constitutional crisis and administrative confusion within the police service.
