Court asked to bar Lagat from office amid torture, cover-up claims; activists push for private prosecution
A petition has been filed at the Milimani Law Courts seeking the urgent suspension of Deputy Inspector General (DIG) Eliud Lagat following the arrest, torture, and death of blogger Albert Ojwang while in police custody.
The application, brought by lawyer Ndegwa Njiru, the Mt Kenya Jurists, and other petitioners, requests that the matter be certified as urgent and heard on a priority basis. They want conservatory orders issued barring Lagat from accessing his office, performing DIG duties, or entering any National Police Service (NPS) facility. This, they argue, will safeguard investigations by the Independent Police Oversight Authority (IPOA) and ensure the integrity of possible prosecutions.
“The continued presence of DIG Lagat in office risks frustrating investigations and erodes public trust in the rule of law,” reads part of the petition.
Death linked to torture, not self-harm — autopsy
Ojwang was arrested on June 6, 2025, reportedly over social media posts linking Lagat to corruption. While in police custody, he was found severely injured and pronounced dead shortly after. A government autopsy revealed torture and strangulation, contradicting earlier police claims of self-inflicted harm.
Petitioners allege that Lagat, as the original complainant in the cybercrime case, is a person of interest in the death and could potentially interfere with the ongoing probe.
“There are allegations of tampering with evidence, including disabling of CCTV cameras at Central Police Station, which fuels fears of a cover-up if the status quo persists,” they added.
Activists file fresh bid for private prosecution
Separately, human rights activists Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro have petitioned the court to permit them to launch a private prosecution against DIG Lagat. They accuse law enforcement and prosecutorial agencies of failing to act and claim the authorities have handled the matter in a “capricious, corrupt, and blatant” manner.
“This is too grave for internal police disciplinary measures. Justice demands independent judicial intervention,” said activist Julius Ogogoh outside court.
The activists cited Lagat’s presence at a police press briefing earlier in the week as a factor compromising internal investigations.
The petitioners’ demands
Among the key prayers in court:
- Immediate suspension of DIG Lagat pending conclusion of IPOA investigations;
- Prohibition of Lagat’s access to any NPS facility;
- Expedited hearing of the petition on a priority basis;
- Authorization of private prosecution against Lagat if state agencies fail to act.
The court is expected to issue directions on the matter in coming days.