Court declines bid to block DIG Lagat from resuming office
Matindi had moved to the High Court requesting conservatory orders to prevent Lagat from resuming his responsibilities until his case is heard and determined.
Justice Chacha Mwita has dismissed an application by London-based activist Eliud Matindi seeking to stop Deputy Inspector General (DIG) Eliud Kipkoech Lagat from returning to office or discharging his duties.
Matindi had moved to the High Court requesting conservatory orders to prevent Lagat from resuming his responsibilities until his case is heard and determined.
He also wanted similar orders issued against Lagat’s personal assistant, Patrick Tito, who temporarily assumed some of the DIG’s roles following Lagat’s voluntary step-down in the wake of the controversial death of blogger and teacher Albert Omondi Ojwang.
In court papers, Matindi argued that Lagat acted outside the law by assigning his PA to handle duties reserved for the office of the DIG, through a letter dated June 16, 2025.
He cited Article 245(3) of the Constitution, asserting that the Kenya Police Service can only have one Deputy IG in office at any given time, either officially appointed or in an acting capacity under Article 246(3)(a).
The activist also faulted the June 16 letter as an unlawful delegation of constitutional and statutory responsibilities under Section 23 of the National Police Service Act.
In his ruling on Monday, July 14, 2025, Justice Mwita directed DIG Lagat, the Attorney General Dorcas Oduor, the National Police Service Commission (NPSC), and the Law Society of Kenya (LSK) to respond to the petition within seven days.
Despite a request by DIG Lagat, represented by lawyer Cecil Miller, alongside the AG and NPSC, to be granted 14 days to respond, the judge declined, citing proper substituted service had already been effected via a newspaper notice on July 4, 2025.
"You cannot claim not to have been served when the suit was publicly advertised in a local daily," ruled Justice Mwita, emphasizing the need for timely responses before any interim orders could be considered.
DIG Lagat temporarily stepped aside following public outrage over the death of Ojwang, who passed away in police custody at the Nairobi Central Police Station. Ojwang had been detained following a complaint filed by Lagat over allegedly defamatory social media posts.
The matter will be mentioned on July 23, 2025, when the court will give further directions.
