The High Court has directed the Director of Public Prosecutions and the Attorney-General to file their responses in a petition seeking the prosecution of Deputy Inspector-General of Police Eliud Lagat over the death of blogger Albert Ojwang’, warning that they will have no further extensions.

Justice Bahati Mwamuye issued the order after lawyer Kibe Mungai, for the petitioner, told the court that the DPP had yet to submit his reply, a delay that has stalled progress in the matter.

“Noting the subject matter and taking into consideration the sentiments of the lawyers present today, a final opportunity shall be afforded to the respondents and interested parties who have not filed to do so,” Justice Mwamuye ruled.

Mungai argued that without the DPP’s affidavit, the case could not move forward. “The DPP has not filed an affidavit. We are asking that he files so that we can file our further affidavit. In the absence of the DPP’s affidavit, we cannot proceed,” he said.

The court was informed that both the Independent Policing Oversight Authority and Lagat have already submitted their responses.

In his papers, Lagat, through lawyer Cecil Miller, insisted that the decision to charge him lies solely with the DPP, not the court. He maintained that forcing the DPP to act would be an unlawful takeover of powers granted by the Constitution.

The case will be mentioned in open court on September 25, 2025.