NAIROBI, Kenya – Deputy Inspector General of Police Eliud Lagat has told the High Court that only the Director of Public Prosecutions (DPP) can decide whether to charge him over the death of blogger and teacher Albert Omondi Ojwang, arguing that any attempt by the court to compel prosecution would be unconstitutional.
Through his lawyer, Cecil Miller, Lagat said the petitioners’ plea for the court to direct the DPP to prosecute him would amount to an unlawful takeover of powers vested in independent institutions and set a “dangerous precedent” undermining prosecutorial independence.
“The petitioners’ prayer to have this court compel the DPP to prosecute the 11th respondent is an improper attempt to take over the functions of independent institutions,” the submissions read in part. “This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure.”
No Evidence Linking Him to Incident, Says Lagat
Lagat, who has denied any role in the alleged arrest, torture, and killing of Ojwang, told the court that both the Independent Policing Oversight Authority (IPOA) and the DPP investigated the matter and found no evidence implicating him.
According to his court papers, IPOA conducted “thorough investigations” and forwarded the file to the DPP, who after reviewing the evidence charged only individuals found culpable.
He said he voluntarily stepped aside from his duties as Deputy IG to allow investigations to proceed without interference, adding that his continued service in the National Police Service does not breach any constitutional provision.
“The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding,” Lagat submitted. “The law does not impute liability simply because of rank or office, absent proof of personal involvement.”
Denies Operational Role in Incident
Lagat maintained that he neither issued unlawful instructions nor was present at the scene of the incident, stressing that his role as DIG is “purely administrative and command-based” and not operational.
He said the petitioners’ claims that his position made him responsible for Ojwang’s death were unsubstantiated, lacking direct, circumstantial, or inferential evidence.
Ojwang’s death has been the subject of public outcry and legal action, with human rights groups calling for accountability from senior police leadership.
The court is expected to determine whether the petitioners’ bid to have Lagat charged can proceed.
