Questions have been raised after Deputy Inspector General of Police Eliud Lagat's bombshell announcement on Monday, where he stated he would 'step aside' from his role as DIG.
Many are questioning whether or not a Deputy Inspector General of Police can legally 'step aside' or the law only provides for resignation, interdiction or suspension.
In the letter dated June 16, Lagat revealed his decision to step aside from his role was to allow for adequate investigations into the death of teacher and blogger Albert Ojwang.
“In the good and conscious thought of my role and responsibilities as the DIG of police, and in view of the ongoing investigations and on the unfortunate incident of the death of Mr. Albert Ojwang. I have today opted to step aside from the office of the DIG pending completion of investigations,” Lagat's letter read.
While Lagat's announcement was largely welcomed by Kenyans, the relief that came with the DIG's letter was short-lived as the question of what it means to 'step aside' started ringing online.
Under the National Police Service Commission (Discipline) Regulations, any officer, including a DIG, may be interdicted by the Inspector‑General (IG) pending investigation. Interdiction temporarily removes their operational powers but does not mean removal from office. They continue to be paid and remain an officer, though duties are suspended.
Similarly, the president may suspend a DIG pending a formal removal process on grounds like misconduct or incapacity, acting on the Commission’s advice. A DIG may be removed, retired, or redeployed at any time before compulsory retirement by the president with the involvement of National Police Service Commission.
According to the Public Officers Ethics Act, a Deputy Inspector General of Police could cease operations in his position under three unique circumstances, one of which is if he resigns by giving written notice to the President through the Inspector General. In this case, Lagat is yet to do this.
Also, a DIG can be required to step aside pending investigations or disciplinary proceedings. This is exactly the action DIG Lagat resorted to.
The third condition that can see a DIG stop his duties is if he is removed from office for misconduct, incompetence, or violation of the law.
So has Lagat resigned? Kenyans.co.ke sought the expertise of a legal expert, who broke down the DIG's plight and his possible calculations as far as his job in public service is concerned.
Joshua Malidzo, an advocate of the High Court, explained that stepping aside meant very little as far as the law was concerned. "In law, stepping aside has no legal weight. The only meaningful and tangible action he should have taken is to resign," he explained.
Malidzo further explained that the act of 'stepping aside' was a calculated one from the DIG, since it gives him a lifeline in the event he is not implicated in Ojwang's case.
"It's a strategy commonly used by state officers to create room for investigations to swing in their favour, so that if they're eventually cleared, nothing remains on record against them," he went on.
According to the legal mind, Lagat's letter offers civil society groups some grounds to build a case against the DIG since his 'stepping aside' is almost like an admission that he is a person of interest in Ojwang's case.
In a nutshell, Lagat's stepping aside is a temporary measure. He still retains his position but will not be actively involved in performing the duties of a DIG. In the event he is cleared in Ojwang's case, Lagat will be reinstated in his position.
