NAIROBI, Kenya – Deputy Inspector General (DIG) of the Kenya Police Service Eliud Lagat has suffered a blow after the High Court dismissed his attempt to block proceedings in a case challenging his decision to step aside and appoint an acting replacement.
Justice Chacha Mwita on Friday ruled that the court has jurisdiction to hear the petition filed by activist Eliud Matindi, which contests Lagat’s move to delegate his duties to his principal assistant, Patrick Tito.
Lagat, represented by lawyer Cecil Miller, had argued that the matter fell under the Employment and Labour Relations Court since it touched on internal administrative and employment decisions within the National Police Service.
However, Justice Mwita held that the issues raised were constitutional in nature and therefore within the High Court’s mandate.
“I’m unable to agree with the respondent that the court has no jurisdiction; I affirm that the court has jurisdiction. The preliminary objection is overruled,” Justice Mwita said in his ruling.
The court directed both parties to file and highlight their submissions on November 17, 2025.
The case stems from Lagat’s decision in June 2025 to voluntarily step aside pending investigations into the death of blogger Albert Ojwang, who died in police custody.
Ojwang had earlier been arrested after Lagat accused him of defamation on social media.
In a statement at the time, Lagat said his decision was made “in good and conscious thought” in light of the weight of his office and the public interest in the matter.
He announced that his deputy, Tito, would temporarily assume the functions of DIG until investigations were concluded.
The court’s ruling clears the way for a full hearing of the petition, which could have far-reaching implications on accountability and succession procedures within the National Police Service.
