NAIROBI, Kenya – The High Court has cleared the way for a petition seeking the suspension of Deputy Inspector General of Police Eliud Lagat to proceed, after activist Eliud Matindi linked him to the controversial death of blogger and teacher Albert Ojwang while in police custody.
Delivering his ruling on Friday, October 3, Justice Chacha Mwita dismissed a preliminary objection filed by the State, which had argued that the case was an employment dispute best handled by the Employment and Labour Relations Court.
“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,” the judge stated.
Justice Mwita affirmed that under Article 165 of the Constitution, the High Court has jurisdiction to interpret constitutional questions and determine whether actions taken under its authority are valid. “I affirm that this Court has the jurisdiction to hear the petition.
Consequently, the preliminary objection is overruled and dismissed with an order as to costs,” he ruled.
Matindi, a London-based activist, filed the petition on June 27, 2025, arguing that Lagat’s decision to step aside from office for 18 days following public uproar over Ojwang’s death was unconstitutional.
He contends that there is no law allowing a public officer to suspend themselves and later return at will. “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.
Ojwang, a popular X influencer and teacher, died in circumstances that have triggered widespread suspicion and public protests, with human rights groups demanding accountability.
State Counsel Christopher Marwa, representing the Attorney General, had insisted the petition was misplaced, but the High Court ruling now sets the stage for a substantive hearing on whether DIG Lagat should be suspended pending investigations.
Civil society actors have welcomed the ruling. “This is a vital step in affirming constitutional oversight over senior police officials. No one should be above accountability when lives are lost in custody,” said activist George Kegoro.
The case is expected to test the balance between police accountability and constitutional governance in Kenya, as public trust in law enforcement continues to face strain over unresolved cases of deaths in custody.
