NAIROBI, Kenya – High Court Judge Justice Chacha Mwita has declined to issue interim orders halting Deputy Inspector General of Police Eliud Lagat from resuming office, pending the hearing of a legal challenge filed by activist Eliud Matindi.
In his ruling on Monday, Justice Mwita directed Lagat to file a formal response to the suit by July 23, 2025, allowing the case to proceed through regular legal channels.
“All parties must be heard before any substantive decision is made,” the judge ruled, dismissing calls for immediate restraining orders.
Activist Seeks to Bar Lagat from Office
Matindi moved to court last week seeking to block Lagat’s return, questioning the legality or propriety of his continued tenure following recent controversy.
While the activist’s full arguments have not yet been made public, the case comes in the wake of intense scrutiny over Lagat’s role in the events leading up to the death of teacher and blogger Albert Ojwang, who died in police custody on June 8, 2025.
Lagat had temporarily stepped aside on June 16 as investigations unfolded.
He was later cleared of any wrongdoing by the Independent Policing Oversight Authority (IPOA) and is expected to resume his duties.
Legal Battle Looms
The case is seen as a critical test of accountability in top police ranks and is likely to spark further debate over internal disciplinary procedures within the National Police Service Commission (NPSC).
The court will determine whether Lagat’s decision to step aside constituted a de facto resignation, as Matindi argues, and whether proper constitutional procedures were followed in his temporary exit and intended return.
The matter will be mentioned again after the Deputy IG files his response.
