DIG Eliud Lagat: Difference Between 'Step Aside' & 'Resign'

Lagat, who assumed the role in 2024 after taking over from Douglas Kanja — now the Inspector General — pledged his full cooperation with the ongoing probe to ensure justice is delivered.

"I undertake to provide any support that may be required of me during the investigations of the unfortunate incident. I offer immense condolences to the family of Albert Ojwang for their great loss," he added. His deputy will temporarily assume his duties while the investigations — which have triggered public outrage — are underway.

However, confusion surfaced over Lagat's decision, given that there have been numerous calls from human rights groups, civil society, and a section of lawmakers for the DIG to resign and face prosecution.

The internet was particularly divided between the terms 'step aside' and 'resign', with some users claiming that they mean the same thing. However, Viral Tea explains the difference between the two terms:

Stepping Aside Vs Resigning

The terms "stepping aside" and "resigning" may sound similar, but they carry very different meanings, especially in politics, public service, or high-stakes positions. The biggest difference lies in intent, duration, and implications.

Stepping aside is a temporary move. It means someone is leaving their role for a while, often to allow investigations or internal processes to proceed without interference. Think of it like taking a forced sabbatical, not necessarily because you’ve admitted guilt or wrongdoing, but because staying in office could be seen as a conflict of interest or might influence the outcome of the inquiry.

In many cases, this one included, the person stepping aside still receives their salary or benefits, and there is usually a chance they could return to the job if they’re cleared of any accusations.

Resigning, on the other hand, is a permanent decision, meaning an official exit from the position, often interpreted as taking responsibility, whether out of guilt, pressure, or inability to continue effectively.

Resigning means the person is done with the role for good and has no expectation of coming back. It is seen as more final and sometimes more honourable, especially in situations where remaining in power would cause further reputational damage or public outrage.

So, stepping aside says, “Let me get out of the way while this gets sorted,” while resigning says, “I’m done. I take the fall or accept the consequences.” One leaves a door open. The other shuts it.

In Kenya, there is no explicit legal provision that allows or mandates a Deputy Inspector General (DIG) of Police to “step aside.” The National Police Service Act and the Constitution of Kenya outline clear processes for appointment and removal, but the term “stepping aside” is not defined or used in any official legal capacity. This means it is not a formal disciplinary or administrative action recognised in law.

That said, stepping aside is often used in practice as a political or administrative gesture. A DIG may voluntarily step aside to allow investigations or internal reviews to proceed without interference or to reduce public pressure.

This move is typically symbolic and does not remove the individual from their official post unless it is followed by a formal process such as suspension or dismissal. In such cases, the DIG might continue to hold the title and even retain their salary and benefits while investigations continue.

The legal route for temporarily removing a DIG from office would be suspension, which requires action by a competent authority such as the National Police Service Commission (NPSC).

The NPSC has the mandate to handle disciplinary issues, including suspension or removal for gross misconduct, incompetence, or violations of the Constitution. If serious allegations are involved, the proper legal procedure must be followed, which might include a tribunal or recommendation to the President.

In summary, a DIG in Kenya can step aside, but only voluntarily. It’s more of a public accountability measure than a legal one. There is no legal mechanism to force a DIG to step aside unless formal suspension or removal processes are triggered through the appropriate legal and institutional frameworks.