Deputy Inspector General (DIG) of Police Eliud Lagat has told the High Court that the decision on whether to charge him over the death of blogger Albert Omondi Ojwang lies solely with the Director of Public Prosecutions (DPP) and not the courts.
Through his lawyer, Cecil Miller, Lagat argued that compelling the DPP to prosecute him would amount to an unconstitutional overreach that undermines prosecutorial independence. He further stated that the Independent Policing Oversight Authority (IPOA) already investigated the matter and found no evidence linking him to the death of the popular blogger.
Lagat: Prosecutorial Power Cannot Be Usurped
In his written submissions, Lagat emphasized that the Constitution of Kenya grants the DPP the exclusive authority to institute or discontinue criminal proceedings. He warned that forcing the DPP to prosecute absent concrete evidence would set a dangerous precedent.
“The petitioners’ prayer to have this court compel the DPP to prosecute the 11th Respondent is an improper attempt to take over the functions of independent institutions. This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure,” the submission reads in part.
Lagat insisted that the courts should not interfere with the DPP’s decision-making unless there is clear proof of abuse of office, bad faith, or gross violation of the law.
IPOA Investigation Cleared Lagat
The DIG revealed that IPOA, an independent constitutional body tasked with investigating police misconduct, conducted a thorough probe into Ojwang’s death. Following their investigations, IPOA reportedly found no incriminating evidence against Lagat.
His lawyer told the court that the Office of the Director of Public Prosecutions (ODPP) independently reviewed the IPOA findings before deciding to charge other individuals who were found culpable — but not Lagat.
“The decision not to charge the 11th Respondent (Lagat) was based on the absence of incriminating evidence and cannot be faulted,” Miller stated.
Lagat Denies Involvement
In his defense, Lagat denied any personal or operational involvement in the incident that led to Ojwang’s death. He clarified that his position as DIG was purely administrative and command-based, without direct participation in operational police actions.
He stressed that he was not present at the scene of the incident and did not issue any unlawful orders connected to the case.
“The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding. The law does not impute liability simply because of rank or office, absent proof of personal involvement,” Lagat said.
The DIG also accused his accusers of making defamatory statements aimed at tarnishing his name and reputation in the public domain.
Background: Death of Blogger Albert Omondi Ojwang
Blogger Albert Omondi Ojwang was a known online activist whose posts often touched on sensitive political and social issues. His death sparked public outrage, with family members, civil society groups, and fellow activists demanding thorough investigations.
Ojwang’s supporters have consistently alleged foul play, linking his death to individuals within the police service. This prompted IPOA to launch an independent inquiry into the matter.
The investigation led to the arrest and prosecution of certain suspects, but many activists have continued to call for high-ranking officers, including Lagat, to face charges.
The Petition to Compel Prosecution
A group of 20 petitioners moved to the High Court seeking orders to compel DPP Renson Ingonga to prosecute Lagat over the blogger’s death. They argue that failing to charge the DIG amounts to selective justice and undermines public confidence in law enforcement.
The petitioners maintain that senior police leadership should be held accountable where there is evidence of command responsibility or negligence. Their legal team has accused the ODPP of shielding Lagat from prosecution.
DPP Given Deadline to Respond
The High Court, presided over by Justice [Name], has directed the DPP to file his official response to the petition by August 29, 2025. This will be followed by a hearing to determine whether the court can compel the DPP to reconsider his decision.
Legal analysts note that the case will test the balance between judicial oversight and prosecutorial independence in Kenya’s criminal justice system.
Prosecutorial Independence Under the Spotlight
The Kenyan Constitution, under Article 157, grants the DPP the power to institute and undertake criminal proceedings without interference. However, this independence is not absolute — the courts can intervene if there is evidence of bias, bad faith, or abuse of power.
In past rulings, the judiciary has occasionally ordered the DPP to review decisions, but compelling prosecution remains rare. Lagat’s legal team is banking on this constitutional safeguard to prevent what they term as a “politically motivated” prosecution.
Public Reaction
Reactions to the case have been sharply divided. Supporters of Lagat argue that the DIG is a victim of a witch hunt, while human rights groups insist that no one should be above the law, especially in cases involving suspicious deaths linked to state officers.
On social media, the case has been trending under hashtags such as #JusticeForOjwang and #AccountabilityForAll. Many Kenyans have called for transparency, urging both IPOA and the ODPP to make their findings public.
What’s Next in the Case
The matter will proceed with the DPP’s formal response at the end of August. Depending on the court’s ruling, the petitioners may either succeed in compelling a review of the decision not to prosecute Lagat or face dismissal of their application.
For now, the DIG maintains his innocence and continues to serve in his administrative capacity as the second-highest-ranking officer in the National Police Service.