Deputy Inspector General of Police Eliud Lagat has caused a heated legal discussion after saying he would “step aside” from his position. This decision came following public concern about the death of teacher and blogger Albert Ojwang.
Lagat made this announcement through a letter dated June 16. Many people saw it as a responsible move, suggesting he was ready to face investigations.
But now, this decision has brought up serious questions about whether it is even allowed under Kenyan law for someone in his position to step aside without being formally suspended or resigning.
Legal experts and civil rights groups are now examining whether a Deputy Inspector General has the authority to leave office in such a manner. According to the rules that govern police officers, someone in Lagat’s position can only be removed by the President or suspended by the Inspector General.
Anything outside those processes is considered unofficial and not legally binding.
Lagat said that he stepped aside on his own and was not forced. But some lawyers argue that the law does not support this kind of action. One of them, High Court advocate Joshua Malidzo, explained that there are only three clear options under the law resignation, interdiction, or suspension.
He added that what Lagat did is only symbolic and does not carry any real legal effect.Malidzo also said that Lagat could be trying to protect himself.
If the investigation clears his name, he could return to his office without facing any formal punishment. However, civil society groups may view his action as a sign that he might be involved or at least sees himself as being under suspicion.
This puts him in a difficult position still holding the title but not doing the job.The Public Officers Ethics Act is also very clear. If someone in Lagat’s position wants to resign, they must send a written resignation to the President through the Inspector General.
Lagat has not done that. So technically, he is neither officially on duty nor formally suspended. His position now exists in a confusing in-between state that is causing concern.
The National Police Service Commission is also involved in such decisions. They have the power to suggest suspensions or changes in roles for top officers. But so far, they have not officially acted in Lagat’s case.
This leaves a hole in leadership at a time when the police service is under public scrutiny. For now, Lagat still holds the title of Deputy Inspector General but is not doing the work.
His decision has calmed public anger for the moment, but many questions remain. What happens next will depend on the outcome of the investigations.
If he is found innocent, he could be back in office quickly. If not, the government may have to take more serious action. Until that happens, his decision to “step aside” will continue to be questioned for its legality and meaning.
