The legal cloud hanging over Deputy Inspector General (DIG) of Police Eliud Lagat has temporarily lifted after a court application seeking to block him from office was officially withdrawn. The application, tied to the ongoing investigation into the death of teacher and blogger Albert Ojwang in police custody, was dismissed by the High Court on Wednesday, July 2, 2025.
Justice Diana Kavedza, who presided over the matter, ruled that the application had been overtaken by events, and allowed the withdrawal.
“The application is withdrawn as prayed. We will mention the matter on the 10th for directions on the main petition,” said Justice Kavedza.
This latest development allows DIG Lagat, who voluntarily stepped aside on June 16, to resume his duties at the National Police Service (NPS) if he chooses to do so. His temporary exit was prompted by intense public backlash and mounting pressure from civil society organizations following Ojwang’s suspicious death.
Background: Arrest and Death of Albert Ojwang
Albert Ojwang, a 31-year-old secondary school teacher and outspoken blogger from Homa Bay County, was arrested on June 7, 2025, allegedly over a defamatory social media post directed at DIG Lagat. According to Inspector General of Police Douglas Kanja, the arrest was initiated after Lagat lodged a formal complaint regarding the post, which was published on Ojwang’s X (formerly Twitter) account.
Within 48 hours of his arrest, Ojwang was pronounced dead.
Initial police reports claimed Ojwang sustained injuries while in custody, but an independent postmortem revealed blunt-force trauma and signs of assault, igniting a firestorm of public outrage and renewed scrutiny on extrajudicial killings in Kenya.
Petition Withdrawn, Main Case Still Ongoing
The withdrawn application had initially sought conservatory orders to prevent DIG Lagat from accessing his office or using National Police Service facilities while investigations into Ojwang’s death were ongoing. However, the court was told that circumstances had evolved, particularly after multiple arrests were made in connection with the case.
Lawyer Ndegwa Njiru, representing the petitioner, stated that the legal team plans to amend or update the original petition to reflect the new developments.
“We are now planning to seek the court’s permission to update the petition with the latest information related to the case,” Njiru said.
Justice Kavedza agreed to revisit the matter on July 10, when the court will give directions on the main petition.
DIG Lagat’s Voluntary Exit and Public Response
On June 16, following the uproar, DIG Lagat announced he would step aside from his official duties, citing the need to allow impartial investigations into the matter.
His move came amid growing calls for accountability from human rights organizations, activist groups, and political leaders, who viewed his involvement as a potential conflict of interest given that Ojwang’s arrest stemmed from a personal complaint.
Groups such as the Kenya Human Rights Commission (KHRC), Independent Medico-Legal Unit (IMLU), and Amnesty International Kenya had demanded not only his resignation but also a full independent investigation into Ojwang’s death.
With the withdrawal of the court application, however, Lagat is now legally free to return to his position, though whether he will do so remains unclear.
Six Police Officers Charged in Ojwang’s Murder
As investigations intensified, six officers were formally charged with the murder of Albert Ojwang. Among those charged are:
- OCS Samson Talam of Central Police Station
- Officer Mukwana, among others
The prosecution alleges that the officers tortured Ojwang while in custody, leading to the injuries that ultimately caused his death. They are being held pending trial as the Director of Public Prosecutions (DPP) continues to build a case based on forensic and witness testimony.
This rare move to hold officers accountable has been welcomed by many as a step in the right direction in a country where extrajudicial killings and police abuses are frequently reported but seldom prosecuted.
Emotional Requiem Mass Held Ahead of Burial
A requiem mass for Ojwang was held on Wednesday, July 2, at Ridgeways Baptist Church in Nairobi, drawing hundreds of mourners, including public figures, teachers’ union officials, and civil society leaders.
Family members delivered emotional tributes, describing Ojwang as a truth-seeking educator and blogger, who used his platform to expose injustice and promote civic awareness.
His mother and father both spoke passionately about the need for justice.
“We will not rest until those responsible are held accountable. My son deserves justice, and so do all the others who died in silence,” said his father, Meshack Opiyo.
Ojwang to Be Laid to Rest in Kokwanyo Village
Ojwang’s body will be flown to Homa Bay on Thursday, July 3, ahead of his burial in Kokwanyo village on Friday, July 4. The burial is expected to attract a large crowd, including political and community leaders.
The hashtag #JusticeForOjwang has been trending online, as Kenyans continue to express their anger, grief, and demand for reforms in how law enforcement handles dissent and custodial rights.
National Focus on Police Reform and Accountability
The death of Albert Ojwang has become a rallying point in the ongoing fight against police brutality and impunity in Kenya. Civil society groups have renewed their calls for the implementation of the 2021 National Police Reforms Task Force recommendations, which include:
- Independent oversight mechanisms
- Body cameras for police officers
- Better training on human rights
- Swift disciplinary actions for misconduct
Public trust in the police remains low, especially among youth, activists, and journalists, who feel increasingly targeted for expressing dissenting views.
Conclusion: Justice Delayed or a Turning Point?
While DIG Lagat has not been directly implicated in the physical acts that led to Ojwang’s death, the circumstances that led to the arrest—his personal complaint—make him a central figure in the public’s perception of accountability.
Now that the application barring his return has been withdrawn, all eyes turn to the main petition and whether the courts will use the opportunity to examine larger systemic issues within the police service.
The case is far from over. But for now, Ojwang’s family, friends, and supporters cling to hope that justice will not be denied, even if delayed.