Deputy Inspector General of Police Eliud Lagat has told the court that the decision on whether to charge him over the death of blogger Albert Omondi Ojwang rests solely with the Director of Public Prosecutions (DPP) and not the courts.
Through his lawyer Cecil Miller, Lagat stated that compelling the DPP to institute charges against him would amount to unlawfully usurping constitutionally mandated powers and set a dangerous precedent that undermines prosecutorial independence.
“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,” read the submissions in part.
He added that the Independent Policing Oversight Authority (IPOA), an independent constitutional body tasked with oversight of police conduct, conducted thorough investigations and found no evidence linking him to the deceased's death.
Lagat, through his lawyer, further said that the ODPP, upon review of the inquiry file, made an independent prosecutorial decision to charge other individuals who were found culpable.
"The decision not to charge the 11th Respondent (Lagat) was based on the absence of incriminating evidence and cannot be faulted," he states.
According to court documents, the DIG defended himself while accusing his accusers of making defamatory statements against him.
Lagat, who has kept a low profile and avoided public commentary on the matter since investigations began, noted that the probe had already seen other suspects arrested.
He maintained that he was not present at the scene of the incident and did not issue any unlawful instructions, and that his role as DIG was purely administrative and command-based.
Additionally, Lagat stressed that he had no operational involvement in the events under investigation and therefore could not be linked to the blogger’s death.
“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 stated in his submissions.
Meanwhile, the High Court has given DPP Renson Ingonga until August 29, 2025, to respond to a petition filed by 20 individuals seeking to compel him to prosecute Lagat over the murder of Ojwang.
