Nelson Havi, the former president of the Law Society of Kenya, has raised serious concerns over the recent decision by Deputy Inspector General Eliud Langat to “step aside” while investigations continue into the mysterious death of blogger Albert Ojwang.
In an interview with K24 TV, Havi made it clear that the term “stepping aside” has no place in Kenyan employment law. He said this move is not recognized in any legal framework and should not be used as a way for public officers to escape accountability.
Havi, who is also a respected lawyer, explained that when someone holding a public office is facing serious accusations or is suspected of wrongdoing, the law provides only two clear choices.
That person can either be removed from office or they can resign. Havi emphasized that resigning is not meant to buy time or protect someone from investigations. He said that using this as a way to pause or avoid legal action is a dangerous trend that goes against the principles of justice and the law.
The case in question involves the suspicious death of Albert Ojwang, a blogger who died while in police custody. There have been many questions about what really happened to him and whether there was any wrongdoing by the officers involved.
After public pressure increased, reports came out that Deputy Inspector General Eliud Langat had resigned, or as it was worded in many places, “stepped aside.” Havi strongly disagrees with how this has been handled, insisting that the law must be followed strictly.
Havi said allowing senior officials to just step aside during such serious matters creates confusion and delays justice. It also sends a wrong message to the public, making it seem like those in power are above the law.
He urged the authorities to either remove Langat from his position if he is under investigation or demand a proper resignation that would allow for full legal procedures to take place. Anything less than that, he said, would weaken the rule of law.
Havi also pointed out that if the government allows powerful people to escape legal action through unclear or informal decisions, it will lead to a loss of trust from the public. Kenyans will no longer believe in the justice system if they see that high-ranking officers are not treated the same way as ordinary citizens. His statement now puts more pressure on the police leadership and government to take lawful and clear action.
