The Deputy Inspector General of Police, Eliud Lagat, has suffered a setback after the High Court declined his request to dismiss a petition which sought his suspension from office over Albert Ojwang's death.
The court, on Friday, October 3, ruled that it had the legal authority and competence to hear and determine the petition per the provisions of the Kenyan Constitution.
Lagat, through his lawyer Cecil Miller, had argued that the High Court had no legal authority to hear the petition and that such a matter could only be handled by the Labour Relations Court.
The DIG noted that the demand for his suspension squarely involved employment and administrative issues and was not a Constitutional issue.
"What is before you as a petition is an issue relating to employment and an internal decision of the police service. We therefore submit that this court lacks the jurisdiction to hear the petition," said Miller.
Justice Chacha Mwita dismissed the DIG's request, stating that the issues raised in the petition were beyond employment and labour-related issues.
According to the judge, the petition purely depended on the interpretation of the Constitution, including whether Lagat's actions were legal and Constitutional.
In the petition, which sought the DIG's suspension, the petitioner demanded the court's intervention over the manner in which Lagat stepped aside when Albert Ojwang died in police custody.
The petitioner raised concerns over the transparency and legality of Lagat's decision to step aside without any formal process or clear legal framework.
Of significant concern to the petitioner was Lagat's continued operation as the DIG despite initially announcing publicly that he had stepped aside to pave the way for investigations into the blogger's death.
This comes months after the DIG was implicated in the death of teacher and blogger Albert Ojwang, who died while in custody at Nairobi Central Police Station under unclear circumstances.
His death in June this year sparked widespread public outrage, triggering protests in major cities, including Nairobi. Following his demise, six suspects, including the Central Police Station OCS Samson Taalam, were arrested.
