Deputy Inspector General (DIG) of Police Eliud Lagat maintains that only the Director of Public Prosecutions (DPP) has the authority to decide whether to charge him over the death of blogger Albert Omondi Ojwang, not the courts.
Represented by lawyer Cecil Miller, Lagat argues that forcing the DPP to press charges against him would unlawfully override powers granted by the Constitution and set a dangerous precedent that erodes prosecutorial independence.
“The petitioners’ prayer to have this court compel the DPP to prosecute the 11th Respondent is an improper attempt to take over the functions of independent institutions. This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure,” Cecil Miller’s submissions read in part.
Lagat, who denies any role in the alleged arrest, torture, and killing of Ojwang, says both the Independent Policing Oversight Authority (IPOA) and the DPP investigated the case and found no evidence linking him to the incident.
In his court filings, the DIG states that IPOA conducted a thorough investigation, after which the DPP reviewed the file and decided to charge only those individuals found culpable. He adds that he voluntarily stepped aside from his duties to allow unrestricted investigations and insists his continued service does not violate any constitutional provision.
“The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding. The law does not impute liability simply because of rank or office, absent proof of personal involvement,” Lagat agues.
Court papers further note: “It is important to note that the 11th Respondent was not present at the scene, did not issue any unlawful instructions, and his role as DIG was purely administrative and command-based. He did not engage in operational conduct relevant to the incident.”
Lagat argues that the petitioners’ claim that his position automatically makes him responsible for the teacher’s arrest, torture, and death has no basis in direct, circumstantial, or inferential evidence.
The High Court has given the Director of Public Prosecutions (DPP) and the Attorney General a final chance to respond to a petition seeking the prosecution of Eliud Lagat over the death of Ojwang’.
Justice Bahati Mwemuye issued the order on Monday, August 11, after lawyer Kibe Mungai, representing the petitioners, informed the court that the DPP had yet to file any response. The petition, brought by 20 individuals demanding that Lagat face charges, now requires formal responses from both the DPP and the Attorney General by August 29, 2025.
The judge noted that the Independent Policing Oversight Authority (IPOA) and Lagat had already submitted their replies. The case will be mentioned again on September 25.
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