Deputy Inspector General of Police Eliud Lagat has suffered a legal blow after the High Court confirmed it has the authority to hear a petition questioning his directive to step aside following the controversial death of blogger Albert Ojwang.
Lagat had argued that the court lacked jurisdiction, insisting the matter should be handled internally by the National Police Service or through the Employment and Labour Relations Court.
Represented by lawyer Cecil Miller, he said the decision to step aside was an administrative and employment matter, not a constitutional issue.
“What is before you as a petition is an issue relating to employment and internal decisions within the police,” Miller argued, asking the court to strike out the case.
Justice Chacha Mwita disagreed, ruling on Friday that the petition raised legal and constitutional questions that went beyond routine employment disputes.
According to the judge, the case concerns the legality of actions taken by the National Police Service Commission and the interpretation of constitutional provisions.
“The issues raised do not include the determination of employer-employee relationship or related matters; rather, the issues are purely on the interpretation of the Constitution and the law, namely, whether Lagat’s actions were constitutional and legal,” Justice Mwita stated.
The judge dismissed Lagat’s preliminary objection with no order as to costs, affirming that the High Court has jurisdiction to hear the matter. “I affirm that this court has jurisdiction to hear the petition.
Consequently, the preliminary objection is overruled and dismissed,” he added.
The petition was filed by Eliud Matindi, who challenged how Lagat was directed to step aside. Matindi said the case involves key constitutional questions, including whether public officers can be required to vacate office without proper legal procedures or due process.
He argued that Lagat’s continued presence in the office, even after notifying the Commission of his stepping aside, lacked legal justification and effectively left the position in limbo.
With the objection dismissed, the case will now proceed to a full hearing, with submissions scheduled for November 17, 2025.