A London-based activist has moved to court seeking to stop Patrick Tito from taking up the role of Deputy Inspector General (DIG) in charge of the Kenya Police Service in the absence of Eliud Lagat, who recently stepped aside following public outcry.

In a petition filed before the High Court, Eliud Karanja Matindi is asking the court to bar Tito from assuming any functions of the DIG, arguing that his appointment was irregular and unconstitutional.

Tito was Lagat’s principal assistant until Lagat voluntarily stepped aside after being linked to the controversial death of blogger Albert Ojwang in police custody.

The case has been filed against the National Police Service Commission (NPSC) and the Attorney General. Lagat and Tito are listed as interested parties in the suit alongside the Law Society of Kenya and the Katiba Institute.

Matindi faults NPSC for allowing Lagat to unilaterally appoint his own replacement, accusing the commission of failing to exercise its constitutional mandate.

“The 1st respondent is sued in these proceedings for abdicating its constitutional responsibilities and allowing Eliud Kipkoech Lagat, DIG, Kenya Police Service to determine whether or not he ought to be subject to disciplinary control and what sanctions, if any, he ought to face,” the petition reads.

The activist argues that the power to appoint an acting DIG lies with NPSC and not the officeholder, stating that Lagat had no legal authority to name Tito as acting DIG in any official capacity.

“It is the Petitioner’s case that Eliud Kipkoech Lagat had no constitutional or statutory powers to appoint any person to act as DIG, Kenya Police Service during his claimed absence from that office,” Matindi adds.

He claims that the letter Lagat used to step aside was irregular because there is no legal provision for a DIG to voluntarily remove himself from office while continuing to exercise its authority through a delegate.

According to Matindi, Lagat should be treated as having vacated the office on June 16, when he indicated he could no longer lawfully perform the role.

Matindi further insists that once Lagat stepped aside, the constitution required that the President, acting on recommendations from the NPSC, appoint a new DIG or a person to serve in an acting capacity.

“Under Article 245(3) of the Constitution, there can only be one DIG, Kenya Police Service at any one time, whether appointed substantively under that provision or in an acting capacity under Article 246(3)(a) of the Constitution,” he states.

In the meantime, Matindi is asking the court to bar both Lagat and Tito from discharging any functions related to the office of the DIG pending the full hearing and determination of the matter.