Albert Ojwang murder: Petition to remove DIG Lagat from office to proceed
By Zipporah Ngwatu, October 3, 2025A Nairobi High Court has declined to dismiss a petition filed at the Constitutional and Human Rights Division of the High Court seeking to suspend Deputy Inspector General (DIG) Eliud Lagat from office.
The petition was filed by London-based activist Eliud Matindi, who sought orders suspending Lagat from office after linking him to the death of blogger and teacher Albert Ojwang.
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Delivering the ruling on Friday, October 3, 2025, Justice Chacha Mwita stated that the petition raised constitutional issues but not employment issues.
“As a matter of fact, there is no employer-employee relationship issue in this petition except the constitutional legality of Lagat’s action. That is, the petition challenges what the petitioner perceives as constitutional violations,” Justice Mwita ruled.
Further, he stated that Article 165 grants the High Court power to interpret the Constitution and determine whether actions taken under its authority are valid.
“Under Article 165(3)(b) of the Constitution, this Court is given express jurisdiction to hear any question on the interpretation of the Constitution, including the determination of questions of whether anything is said to be done under the authority of this Constitution or if any law is inconsistent with or in contravention of the Constitution,” Justice Mwita ruled.
“I affirm that this Court has the jurisdiction to hear the petition. Consequently, on the conditions stated, the preliminary objection is overruled and dismissed with an order as to costs,” Justice Mwita ruled.
The ruling comes after the State filed a preliminary objection challenging the court’s authority to hear and determine Matindi’s petition.
State Counsel Christopher Marwa, representing the Attorney General (AG), argued that the court lacks jurisdiction to entertain the petition seeking to block Lagat from performing his official duties.
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Marwa told the court that the Employment and Labour Relations Court (ELRC) is the proper forum to handle the dispute.
“This Honourable Court lacks jurisdiction to hear and determine the petition dated June 27, 2025, herein, since it is a dispute relating to employment and labour relations,” State Counsel Marwa submitted.
“By virtue of Article 165(5)(b) of the Constitution, the High Court shall not have jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated under Article 162(2),” Counsel Marwa told the court.
Matindi argued that Lagat’s decision to “step aside” from office following public uproar over the death of blogger Ojwang while at the Nairobi Central Police Station was unconstitutional.
Further, he stated that Lagat’s return to office after an 18-day absence was illegal, adding that there is no law that allows him to suspend himself.
“It is a matter of public notoriety that policing in Kenya is in crisis, with daily reports of alleged breakdowns of law and order, resulting in misery to the people, and, in many instances, unexplained deaths of persons in contact with or in police custody,” Matindi told the court.