NAIROBI, Kenya – Deputy Inspector General (DIG) of Police Eliud Lagat has denied claims that he has stepped aside from his role at the National Police Service, stating he is on a temporary, approved leave and remains in office.
In court documents filed in response to a petition seeking his removal, Lagat clarified that he had taken an 18-day administrative leave starting June 16, 2025, amid ongoing investigations into the controversial death of teacher Albert Omondi Ojwang.
He insisted that his leave was voluntary and intended to uphold public trust and institutional accountability.
“I reiterate that there was no misconduct on my part. No disciplinary process has been initiated against me by the National Police Service Commission (NPSC) or any other competent body,” Lagat said in an affidavit.
He attached a copy of his leave application and the official letter granting the leave to counter assertions that he had abandoned office.
Lagat maintained that he did not resign, nor did he appoint a successor, as alleged by the petitioner.
“The suggestion that I resigned by implication has no basis in law,” he argued, emphasizing that his temporary absence did not amount to resignation, abandonment, or cessation of office under Articles 245 and 251 of the Constitution or the National Police Service Act.
Lagat also dismissed claims that the appointment of Deputy Inspector General Gilbert Masengeli in an acting capacity violates constitutional provisions.
He said the arrangement falls within normal internal administrative delegation and does not infringe on Article 245(3), which outlines the command structure of the police service.
He termed the case against him as premature, legally unfounded, and driven by populism rather than constitutional merit.
“Taking authorised leave, which is a statutory entitlement, cannot constitute a violation of the Constitution or of any petitioner’s rights,” Lagat added.
He urged the court to dismiss the petition, arguing that the orders sought would disrupt police operations and were based on speculative and mischievous interpretations of the law.
Lagat remains listed as an interested party in the legal battle, which comes amid mounting public scrutiny over police accountability following the Mawego Police Station fire and the circumstances surrounding Ojwang’s death.
