NAIROBI, Kenya – Deputy Inspector General of Police Eliud Lagat has until July 18 to respond to a court application seeking his removal from office and prosecution over the killing of Homa Bay teacher Albert Ojwang, who died while in police custody.
High Court Judge Chacha Mwita issued the directive on Friday, ordering Lagat, President William Ruto, Inspector General of Police Douglas Kanja, Director of Public Prosecutions (DPP) Renson Ingonga, Independent Policing Oversight Authority (IPOA), and Directorate of Criminal Investigations (DCI) boss Mohamed Amin to be served with court documents immediately.
The directive follows a petition filed by a group of activists led by lawyer Lempaa Suyinka and Prof Fredrick Ogola, who argue that Lagat should be held primarily responsible for Ojwang’s death and formally charged as the principal suspect.
The petitioners also seek to halt the ongoing trial of six individuals accused of murdering Ojwang until Lagat is added to the charge sheet.
Ojwang, a teacher from Homa Bay, died on the night of June 7 while being held at the Nairobi Central Police Station.
He had been arrested after Lagat filed a cyberbullying complaint against him. Lagat has since stepped aside to allow investigations.
The activists claim that Lagat orchestrated a plot to punish Ojwang, which resulted in his death.
They allege that three civilian suspects—John Ngige Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue—who were already in custody at the time, were paid to assault Ojwang.
The three, along with Nairobi Central OCS Samson Talaam and Constables James Mukhwana and Peter Kimani, were charged with murder and are currently facing trial at the Kibera Law Courts.
“The DPP and IPOA have blatantly disregarded credible evidence implicating Lagat, and instead opted to scapegoat junior officers and civilians,” the petition reads.
According to court documents, the activists argue that the DPP’s and IPOA’s failure to prosecute Lagat undermines public confidence in the justice system and sets the stage for a miscarriage of justice.
The court has directed that rejoinders and rebuttals be filed by August 8, with the matter scheduled for mention on August 11 when parties will highlight their written submissions.
Only those who comply with the set timelines will be allowed to participate in the hearing.
The petition lists the six accused persons, IPOA, the DPP, the National Police Service, Lagat, and President Ruto as respondents in what the petitioners describe as a broader scheme to shield powerful individuals from accountability.
Justice Mwita’s ruling marks a critical juncture in a case that has drawn national attention, especially amid heightened public outcry over police brutality and calls for reforms within the security services.
