An application seeking conservatory orders to restrain Deputy Inspector General of Police Eliud Lagat from accessing his office, performing his duties, or using any facility of the National Police Service (NPS) has been withdrawn.
The application, which was linked to ongoing investigations into the death of blogger Albert Ojwang while in police custody, was withdrawn after the court was informed that the matter had been overtaken by events.
Lawyer Ndegwa Njiru, representing the petitioner, told the court that they would be seeking leave to amend the petition to reflect the changed circumstances.
Justice Diana Kavedza allowed the withdrawal of the application.
“The application is withdrawn as prayed. We will mention the matter on the 10th for directions on the main petition.”
The Deputy Police stepped aside on June 16, pending the outcome of investigations into the death of Ojwang.
Lagat faced mounting pressure from opposition figures and human rights groups following Ojwang’s death.
In a statement, Lagat said he was stepping aside in the “good and conscious thought” of his responsibilities as Deputy Inspector General, to allow for independent investigations by the Independent Policing Oversight Authority (IPOA).
So far, at least six persons have been charged with the murder of Ojwang, among them Central Police OCS Samson Talam and Police Constable James Mukwana.