High Court Judge Chacha Mwita will on October 3 rule on whether the High Court has jurisdiction to hear a case challenging the decision by Deputy Inspector General Eliud Lagat to step aside from office following the death of blogger Albert Ojwang.
During Thursday’s court session, it was argued that the High Court lacks jurisdiction to hear the matter, which was filed by activist Eliud Matindi, and that it should instead be referred to the Employment and Labour Relations Court.
“What is before you as a petition is an issue relating to employment and internal decisions within the police. We therefore submit that this court lacks jurisdiction,” submitted lawyer Cecil Miller on behalf of DIG Lagat.
Miller told the court that Lagat had simply written a letter applying for leave, which was accepted by his employer. As such, he argued, the matter falls under the purview of the Employment and Labour Relations Court, which is best suited to determine it.
“What is before this court, in terms of the prayers sought, are all employment-related issues, including whether Lagat resigned from his post,” Miller added.
A representative of the National Police Service Commission (NPS), Ms. Rwenji, also maintained that DIG Lagat’s delegation of duties to his principal assistant, Patrick Tito, to serve as acting DIG, was done in accordance with the law.
“The petition does not raise constitutional issues but employment issues,” the court was told.
However, petitioner Eliud Matindi urged the court to dismiss the preliminary objection, arguing that it was merely an attempt to delay proceedings and lacked merit.
Matindi maintained that the High Court does have jurisdiction and should proceed to hear the case.
In June 2025, DIG Lagat stepped aside from his position as investigations intensified into the controversial death of blogger Albert Ojwang.
In a public statement, Lagat said his decision was made “in good and conscious thought” of the weight of his office and the public interest surrounding the case.
“I have today opted to step aside from the office of the Deputy Inspector General – Kenya Police Service pending completion of investigations,” he stated. “The functions of the office will henceforth be performed by my deputy until the investigations are concluded.”
