High Court Issues Update In Case Against DIG Eliud Lagat

The High Court has certified as urgent a petition from four activists seeking to launch a private prosecution against Deputy Inspector General of Police Eliud Kipkoech Lagat.

The police DIG has been heavily linked to the murder of Albert Omondi Ojwang, the current development coming after a group of human rights activists filed a petition in court seeking to initiate private prosecution proceedings against him.

The case is set to be mentioned on June 16, 2025, for further directions. Earlier, the activists sought to bar Lagat from accessing his office and to restrain him from involvement in the ongoing investigation into Ojwang's death.

The petitioners argue that DIG Lagat’s continued presence in office and involvement in the investigation could compromise the integrity of the position; thus, they are asking the court to bar him from contacting any witnesses until he is formally charged.

In their urgent application, the activists are also seeking the court’s green light to initiate a private prosecution against Lagat for the murder of Ojwang, citing Sections 203 and 204 of the Penal Code, which address murder and its penalties, as the legal basis for their action.

Their petition expresses deep dissatisfaction with how the authorities are handling the case, accusing them of intentionally dragging their feet. They insist that the seriousness of the incident demands immediate criminal prosecution, not just internal disciplinary action.

An affidavit supporting the petition states that Albert Ojwang, a teacher, was arrested on June 6, 2025, by officers believed to be from the Directorate of Criminal Investigations (DCI). The arrest reportedly happened at his family’s home in Homa Bay County around midday, in front of his parents. He was allegedly taken away in a Subaru—a vehicle typically linked to DCI operations.

Albert was first taken to Mawego Police Station, then later moved to Nairobi and booked at Central Police Station. According to the affidavit, during a routine cell check on the morning of June 8, officers found him unconscious. He was rushed to the hospital but was pronounced dead shortly after.

The petitioners argue that the circumstances of his arrest, detention, and death raise serious red flags that warrant court intervention and an independent prosecution. Given the seniority of the officer involved, they believe this case goes beyond internal probes.

They are urging the court to act quickly—to safeguard the investigation, shield witnesses, and uphold accountability. The activists say allowing Lagat to remain in office or be part of the probe risks eroding public trust and threatens the fairness of the legal process.

Meanwhile, authorities on Thursday, June 12, made a significant arrest in the Ojwang murder case. A police officer attached to the Central Police Station, PC James Mukhwana, was taken into custody at the Capitol Hill Police Station by officers drawn from the Internal Affairs Unit (IAU) and the Independent Policing Oversight Authority (IPOA).

On Wednesday, June 11, IPOA named six officers involved in Albert Ojwang’s arrest at the Leaders Centre in Homa Bay County on Friday, June 7. Interestingly, the now-arrested officer was not among those named by IPOA Vice Chair Ann Mwangi when she addressed the Senate.

It is currently unclear if the arrested officer played a direct role in Ojwang’s death, but sources suggest his detention is tied to major inconsistencies in how police handled Ojwang when he was first taken into custody.

One major red flag: officers on duty reportedly failed to properly book Ojwang. On top of that, the station’s CCTV system had been tampered with, raising even more suspicion.

IPOA Chair Issack Hassan said on Thursday that DVR logs showed the CCTV discs were swapped out on June 8 at exactly 07:23:29 and again at 07:23:48—shortly after Ojwang was brought in. According to IPOA, Ojwang was officially booked at 9:35 p.m. on June 7.

Meanwhile, Inspector General of Police Douglas Kanja confirmed on Thursday that forensic experts are working on recovering footage from the CCTV hard drive. Investigators are also zeroing in on the person who unplugged the cameras, which suspiciously went offline around the time Ojwang arrived at the station.