Petitioners seek court orders restraining DIG Lagat from resuming work
Twenty petitioners have moved to the High Court, seeking orders to restrain the Deputy Inspector General of Police, Eliud Lagat, from resuming work until the petition is heard and determined.
In a petition filed by Professor Fredrick Onyango Ogola, Lempaa Suyinka, among others, also want the court to bar DIG Lagat from continuing to perform any duties that are under his office.
“Pending hearing and determination of this petition, the honourable court be pleased to issue a conservatory order of injunction to restrain the 11th respondent (DIG Eliud Lagat) from resuming, continuing to act or performing the duties of Deputy Inspector General of Police in charge of the Kenya Police,” part of the petition read.
Rights to freedom of expression
They are also seeking to have the court issue orders prohibiting the Independent Police Oversight Authority (IPOA), Director of the Public Prosecution (DPP), Attorney General (AG), National Police Service (NPS), Inspector General of Police (IG), Directorate of Criminal Investigations (DCI), President William Ruto through the Attorney General, Interior Cabinet Secretary Kipchumba Murkomen, United Democratic Alliance (UDA), Douglas Kanja, Eliud Lagat and Amin Mohammed, from restricting the exercise by the Kenyan people of their rights to freedom of expression.
Deployment of goons
The petitioners also seek to have the state and political parties stopped from arranging, managing, facilitating, aiding and abetting the deployment of criminal gangs and ethnic and political militias to limit and curtail and restrict Kenyans from assembling, demonstrating and enjoying their political rights guaranteed under Articles 33, 36, 37 and 38 of the Constitution.
Notably, they are seeking to have the court issue an order to stay the 2nd respondent (DPP) decision to institute criminal proceedings in the Nairobi High Court (Kibera) Criminal Case No. E010 of 2025 Republic vs Samson Kiprotich Talaam and 5 others against the six accused persons who were charged with the murder of teacher and blogger Albert Ojwang.
Through their lawyer Kibe Mungai, the petitioners want IPOA to be compelled to publicise the report and inquiry file they submitted to the DPP, which approved murder charges against the six accused persons.
Additionally, they are urging the court to halt the prosecution of the six charged before the Kibera High Court until they establish why DIG Lagat was excluded from the murder charges of the deceased.
“That pending inter partes hearing of the petition, an order of mandatory injunction be issued pursuant to Article 35 of the Constitution to compel the 1st respondent (IPOA) to publicise the report and inquiry file submitted to recommend prosecution of six, namely the 14th-19th respondents (Talaam, Mukhwana, Kimani, Ngige, Gin and Mwaniki) and to the exclusion of the 11th respondent DIG Eliud Kipkoech Lagat in connection with the murder of Albert Omondi Ojwang.
