The High Court has declined to issue orders blocking Deputy Inspector General of Police Eliud Lagat from returning to office, following a petition challenging his reinstatement.
Justice Chacha Mwita, while issuing directions on Monday, ruled that Lagat be given a fair hearing before any interim orders can be issued.
The court directed the embattled police boss to respond to the case filed by activist Eliud Matindi by July 23, 2025.
The DIG stepped aside amid public pressure during investigations into the murder of teacher-cum-blogger Albert Ojwang, who died while in custody at Central Police Station in Nairobi.
Lagat was the complainant in the case that landed Ojwang in jail.
Ojwang had been arrested after allegedly posting defamatory content about DIG Lagat on social media. According to Inspector General of Police Douglas Kanja, Lagat had filed a formal complaint against the blogger, which led to his arrest.
In this case, the London-based activist sued the National Police Service Commission (NPSC) and the Attorney General over the handling of leadership within the police service.
Pending the hearing and determination of the case, Matindi wanted an order prohibiting Lagat from carrying out any functions of a DIG.
He accused NPSC of allowing Lagat to ‘step aside’ as DIG pending completion of a probe into the killing, yet it was not in his place to make that determination.
Matindi's petition also sought to bar Patrick Tito from serving as the acting DIG of the Kenya Police in the absence of the police boss.
Tito previously served as Lagat’s principal assistant before the latter stepped aside.
The activist challenged the legitimacy of Tito’s appointment, arguing that the NPSC failed in its mandate by allowing Lagat to hand over power without following due process, thereby abdicating its constitutional role as the police employer.
