President William Ruto is among 19 people and State offices sued on Wednesday by a group of 20 petitioners alleging a scheme to shield Deputy Inspector-General of Police Eliud Lagat from taking responsibility for the murder of teacher Albert Ojwang .
The petitioners allege that the Independent Police Oversight Authority (Ipoa) and the Director of Public Prosecutions (DPP) are protecting the senior police officer from the death that occurred at Nairobi Central police station two weeks ago.
They allege that the murder trial commenced by DPP on Tuesday against the officer commanding the police station, Inspector Samson Talaam, and five others is part of a grand conspiracy to shield the DIG from accountability and responsibility for the murder.
Through lawyer Kibe Mungai, the petitioners say that exclusion of Mr Lagat from the trial is questionable and discriminatory because the arrest of Ojwang and the subsequent killing stemmed from a complaint lodged by the police boss.
"The abduction of Ojwang was initiated by an unlawful complaint by DIG Eliud Lagat alleging that Ojwang was involved in spreading information linking him to corrupt activities in the police service. Pursuant to his grievances, the DIG caused the Director of the Directorate of Criminal Investigations Amin Mohammed to deploy six officers to the rural home of Ojwang where he was abducted under the guise of an arrest," says Mr Mungai.
The petition is questioning veracity of the decision of the DPP and Ipoa to exclude the police boss from the prosecution. They want the High Court to issue orders compelling the DPP to institute murder charges against Mr Lagat.
They also want the court to find that IPOA has failed to discharge its mandate, hence setting stage for an "epic miscarriage of justice".
"According to verified information Ojwang was booked and detained at Central Police Station on the instruction of DIG Lagat, who also commanded the OCS of the said station to organise for him to be disciplined or taught a lesson through torture, beating and other humiliation," argues Mr Kibe.
The petitioners have named 19 respondents including the DPP, IPOA, Attorney-General, Inspector-General of Police, National Police Service, Directorate of Criminal Investigations, President Ruto, Interior Cabinet Secretary, Kenya National Commission on Human Rights, DIG Lagat, among others.
Among the multiple orders sought in the petition, is a declaration that the "respondents are guilty of a conspiracy to conjure, shield, aid and abet DIG Lagat to escape accountability and responsibility for the unlawful complaint, abduction, detention and murder of Albert Ojwang".
"Ipoa and the DPP have commenced prosecution of six suspects for the cruel murder of Albert Omondi Ojwang which excludes the prime suspect DIG Eliud Lagat. The applicants believe that for all intents and purposes the said prosecution amounts to abuse of power on the part of the DPP and DPP and part of conspiracy to shield DIG Eliud Lagat from accountability and responsibility for the murder," says the lawyer.
Relating to the President, the petitioners are questioning why he failed to interdict the DIG during the investigations.
"In the context of the facts and circumstances of this petition, the President was enjoined to ensure the interdiction or dismiss DIG Lagat upon revelation of the facts that he was adversely mentioned in the unlawful complaint, abduction, detention, torture and subsequent murder of Albert Omondi Ojwang," reads the petition.
The lawyer also argues that the President was supposed to ensure that credible investigation and prosecution of the prime suspect in the murder is achieved.
"Refrain from acting in a manner to suggest that he was more interested in shielding DIG Lagat from facing justice than securing substantial justice for Ojwang, his family and all the Kenyan people. The Petitioners contend that Ojwang was killed in the custody of the police on account of the systemic failure of the Inspector-General of Police, National Police Service and the DCI to discharge their respective legal functions and duties," says lawyer Mungai about the President.
They want the trial of OCS Talaam, James Mukhwana, Peter Kimani, John Ngige, Gin Ammitou Abwao and Brian Njue halted pending the determination of the petition. They have also pleaded for an order compelling Ipoa to publicise its report and the inquiry file that was submitted to DPP recommending prosecution of the six suspects in connection to Ojwang's murder.
The petition further alleges failure of the National Police Service (NPS) to ensure that the arrest and detention of criminal suspects is carried out in accordance with the relevant laws. It says the NPS has permitted operations of unlawful and parallel detention centres and torture stations to facilitate, aid and abet abductions, torture and extra-judicial killings on political grounds.
"More specifically, the petitioners aver that the Inspector-General of Police has failed to exercise independent command over the National Police Service and opted to subdue himself to unlawful political instructions, objectives and wishes of other people. He has permitted, acquiesced, aided and abetted operation of special squads that have engaged in massive human rights violations including abductions, torture and extra-judicial executions," argues Mr Mungai.
The petition is pending determination at the High Court in Milimani Nairobi. The respondents are yet to file their responses.
