Deputy Inspector General of Police Eliud Lagat has been dealt a blow after the High Court declined his request to throw out a petition that seeks his suspension from office.
The case stems from the death of Albert Ojwang, a matter that has raised public interest and drawn attention to how police leadership handles responsibility when questions of accountability arise.
Lagat, through his lawyer Cecil Miller, had asked the court to dismiss the petition. He argued that the issue was about employment and administration, saying it should be addressed at the Labour Relations Court and not before the High Court.
This was meant to frame the petition as a workplace matter rather than one connected to constitutional rights and accountability.
The judges, however, rejected that reasoning. They stated that when a case touches on constitutional questions, especially those involving public officers and issues of justice, the High Court has the duty to hear it.
The court made it clear that Lagat could not avoid scrutiny by hiding behind technical arguments.
The decision now means the petition will proceed to a full hearing. Petitioners want Lagat suspended to allow investigations into Ojwang’s death to move forward without interference. They have argued that letting him remain in office would compromise transparency and weaken the pursuit of justice.
This ruling places Lagat in a position where he must face the allegations rather than sidestep them. His move to have the case thrown out showed an effort to avoid direct accountability, but the court’s decision prevents that. It has shifted attention to his conduct as a senior officer and to the question of responsibility in the police service.
The outcome of the petition will determine whether Lagat continues in office or is forced to step aside. For now, what is clear is that the High Court has insisted that senior officers cannot reduce serious matters to simple employment disputes when the public and constitutional issues are at stake.
Lagat will therefore have to answer to the petition in full and confront the concerns raised over his leadership and role in a case that has unsettled both the public and the police service.
