The High Court will deliver a ruling on October 3 to determine whether it has jurisdiction to hear a petition seeking the suspension of Deputy Inspector General of Police Eliud Lagat over the death of teacher Albert Ojwang.

When the case came up on Thursday, Lagat’s lawyer Cecil Miller told the court that the petition falls under employment and internal police matters and should therefore be heard by the Employment and Labour Relations Court (ELRC), not the High Court.

"What is before you as a petition is an issue relating to employment and internal decisions within the police. We therefore submit that this court lacks jurisdiction," Miller argued.

He added that the case, which was filed by UK-based activist Eliud Matindi, was wrongly placed before the High Court. Lagat also submitted that, “This Honourable Court lacks jurisdiction to hear and determine the petition dated June 27, 2025, herein, since it is a dispute relating to employment and labour relations.”

He cited Article 165(5)(b) of the Constitution, which he said bars the High Court from handling matters that fall under courts established under Article 162(2), such as the ELRC.

But Matindi dismissed the preliminary objection, saying it was a delay tactic with no legal basis. He insisted that the High Court has the authority to hear the matter and urged the court to allow the case to proceed.

The petition seeks to have Lagat suspended while the Independent Policing Oversight Authority (IPOA) concludes investigations into Ojwang’s death.

Lagat stepped aside in June 2025 as public pressure mounted over the case, which has drawn wide attention.

In a public statement at the time, Lagat said he made the decision “in good and conscious thought” of the weight of his office and the public interest in the matter.

Justice Lawrence Mwita will give the ruling on jurisdiction on October 3.