Deputy Inspector General of Police Eliud Lagat has lost a legal bid to halt a case challenging his decision to temporarily step aside from office.
On Friday, High Court Judge Chacha Mwita dismissed Lagat’s preliminary objection, ruling that the court has jurisdiction to hear the petition. The case was filed by activist Eliud Matindi, who is contesting the legality of Lagat’s move to hand over authority to his deputy, Patrick Tito.
“I’m unable to agree with the respondent that the court has no jurisdiction,” Justice Mwita said in his decision. “The preliminary objection is overruled.”
Lagat, represented by lawyer Cecil Miller, had argued that the matter fell within the domain of the Employment and Labour Relations Court, since it dealt with internal administrative decisions of the National Police Service.
The judge, however, found that the petition raised constitutional questions that required the High Court’s attention.
The case will proceed, with parties set to present their submissions on November 17.
Lagat stepped aside in June, amid a storm of public scrutiny over the death of blogger Albert Ojwang in police custody. Ojwang had earlier accused the police of harassment after he posted critical remarks about the Deputy Inspector General on social media.
At the time, Lagat said his decision was made “in good and conscious thought” of the public interest and the dignity of his office. He announced that his deputy would act in his place until investigations were concluded.
The petition now before the High Court could determine not only the legality of that decision but also the scope of accountability for top officials in Kenya’s security services.
About the Author
