A petition seeking the removal of Deputy Inspector General (DIG) Eliud Lagat has been filed at the High Court.
The petition, filed on Friday, June 13, follows the arrest, alleged torture, and death of Albert Ojwang while in police custody at Central Police Station.
In an urgent application filed at the Milimani Law Courts, the petitioners, among them lawyer Ndegwa Njiru and Mt Kenya Jurists, are requesting that the matter be certified as urgent and heard on a priority and ex parte basis in the first instance.
They are also seeking conservatory orders restraining Lagat from accessing his office, performing the duties of DIG, or accessing any facility of the National Police Service, pending investigations by the Independent Policing Oversight Authority (IPOA) and the commencement of prosecution against those responsible.
The petitioners argue that Lagat, being the initial complainant in the cybercrime case, should be considered a person of interest in the resulting death and that his continued presence in office poses a serious conflict of interest, which could lead to interference with investigations.
They cite reports of evidence tampering, including interference with CCTV footage, and allege a potential cover-up if he is not temporarily removed from office.
The petition comes amidst growing calls for DIG Lagat to resign, with many citing his alleged involvement in the murder as sufficient grounds.
Even so, the National Police Service (NPS) has maintained that Lagat is not compelled to resign from his post voluntarily, noting that only official intervention can necessitate his removal.
Appearing before the National Assembly Committee on National Security, Inspector General of Police Douglas Kanja explained that the Independent Policing Oversight Authority (IPOA) was currently conducting an independent investigation into the matter, and any further action against Lagat would depend on the outcome.
The IG clarified that if evidence implicated DIG Lagat in the ongoing probe, it would lead to action from the National Police Service. "If the DIG is mentioned, he will step aside," he added.
On Wednesday, Kanja revealed details of the alleged posts that DIG Lagat had reported. He stated that the account, which had over 13,000 followers, had allegedly published false information accusing the DIG of involvement in corruption within the National Police Service.
Lagat was a notable absentee from the parliamentary proceedings on Thursday, although his counterpart, Deputy Inspector General Gilbert Masengeli, attended alongside DCI boss Mohamed Amin.
Meanwhile, several petitioners took matters into their own hands on Wednesday by filing a petition at the Milimani Law Courts, seeking to initiate private prosecution proceedings against Lagat.
In their petition, the petitioners criticised investigative agencies for failing to take appropriate action regarding the controversy surrounding the death of Ojwang.
