The High Court has declined to bar Deputy Inspector-General of Police Eliud Lagat from performing the functions of his office, pending the determination of a petition challenging his suitability.
When the petition came up for directions, Mr Matindi requested interim conservatory orders prohibiting Mr Lagat from performing any duties of the Deputy Inspector-General of the Kenya Police Service, as outlined in Section 23 of the National Police Service Act.
He also applied for an additional interim order prohibiting Mr Lagat's principal assistant Patrick Tito from acting as DIG, Kenya Police Service, pursuant to instructions allegedly given by Mr Lagat on June 16, 2025, when he stepped aside to allow investigations into the teacher’s death.
Mr Matindi asked the court to issue conservatory orders barring both officers from exercising those roles until the case is heard and determined.
However, Justice Mwita declined to grant the orders and instead directed all parties—including Mr Lagat, Mr Tito, Attorney-General Dorcas Oduor and the National Police Service Commission (NPSC)—to file their responses within seven days.
Justice Chacha Mwita.
Photo credit: File | Nation Media Group
The Law Society of Kenya and Katiba Institute listed as interested parties were also directed to respond.
The judge ruled that the application would only be considered after all parties had submitted their responses.
Teacher Albert Ojwang who mysteriously died in a police cell.
Photo credit: Pool | Nation
The matter is scheduled for mention on July 23, 2025, for further directions.
Through his lawyer Cecil Miller, Mr Lagat opposed the application and requested time to file a response to the petition and accompanying application before any interim orders could be granted.
Section 23 of the National Police Service Act outlines 13 core responsibilities of the DIG, including supervision of the Kenya Police Service, overseeing daily operations and administration, implementing NPS policies, budgeting and managing police infrastructure across counties.
The DIG is also responsible for establishing public complaint mechanisms, evaluating police performance, training officers and building relationships between the police and the community.
In the petition, Mr Matindi argues that by stepping aside, Mr Lagat conceded he was no longer fit to serve as DIG.
He wants the court to declare that the move constituted a de facto resignation under Section 12 of the National Police Service Act and that the position of DIG should now be considered vacant.
He further accuses the NPSC of breaching the Constitution by allowing Mr Lagat to “step aside” instead of vacating office entirely.
Mr Matindi contends that the move was unconstitutional, created confusion within the police service, and should be declared null and void.
He argues that Mr Tito’s appointment has effectively created two DIGs for the Kenya Police Service—one substantive and one acting—a situation not contemplated by the Constitution.
