NAIROBI — A second legal petition has been filed seeking the immediate suspension of Kenya’s Deputy Inspector General of Police, Eliud Lagat, over the death of blogger and teacher Albert Omondi Ojwang, who died in police custody just one week ago.
Ojwang, known for his sharp online criticism of public officials, was arrested on 6 June by officers from the Directorate of Criminal Investigations. He had posted allegations online linking Lagat to corruption. Days later, he was dead. The official cause has yet to be made public.
Now, pressure is building.
The latest petition submitted at the Milimani High Court by lawyer Ndegwa Njiru and the Mt. Kenya Jurists argues that Lagat’s continued presence in office could compromise ongoing investigations.
“This is not just about one man,” Njiru told reporters outside court. “This is about the integrity of our policing system and the safety of those who dare to speak out.”
The petitioners are asking the court to issue temporary orders barring Lagat from entering police premises or exercising his authority until a full inquiry is complete. They fear a cover-up, citing alleged interference with CCTV footage at Nairobi’s Central Police Station, where Ojwang was held before his death.
Court documents state that Lagat, who filed the original cybercrime complaint that led to Ojwang’s arrest, should be treated as a “person of interest” in the case.
“The Deputy IG remains in command and has access to investigative resources, even as the probe into Ojwang’s death unfolds,” the petition reads. “Justice cannot be seen to be done while he is in that position.”
This legal action follows another petition filed earlier in the week by four well-known human rights activists. They are seeking to privately prosecute Lagat for murder under Kenyan law.
“The Honourable Court be pleased to grant the applicants leave to institute private prosecution against the Deputy Inspector General of Police, Mr Eliud Kipkoech Lagat,” the activists stated in their submission, referencing Section 203 of the Penal Code.
They too want Lagat banned from contacting potential witnesses, many of whom are junior officers who may have been present when Ojwang was detained.
The Independent Policing Oversight Authority (IPOA) confirmed on Thursday that it is treating all 17 officers involved in Ojwang’s arrest and detention as suspects in an active murder investigation.
“Yes, we will summon the Deputy IG,” IPOA Chairperson Issack Hassan told Parliament’s security committee. “But first, our investigators wanted to hear from every officer involved before speaking to the person who filed the original complaint.”
So far, IPOA has recorded statements from all officers present at Central Police Station on the day and night shifts. Two civilians who were also in custody at the time have given witness accounts.
Three arrests are expected soon, according to IPOA, which is working with the Inspector General of Police to facilitate the process.
The growing legal and political fallout from Ojwang’s death has reignited public concerns about abuse of power and the safety of those detained by Kenyan police.
The National Police Service has not yet issued a public response to the latest petition or to the murder allegations.
Ojwang’s family and supporters say the fight for accountability is just beginning. “We are not asking for favours,” one relative told the press. “We are asking for the truth and for those responsible to be held to account.”
