A legal development has just unfolded, clearing the path for Deputy Inspector-General of Police Eliud Lagat to potentially return to his pivotal role within the National Police Service. On Wednesday, a High Court application that sought to bar him from accessing his office and performing official duties was formally withdrawn, marking a crucial turn in a case that has captivated public attention.
This withdrawal, while removing an immediate legal obstacle, does not entirely extinguish the controversy surrounding Lagat. It occurs against a backdrop of intense public scrutiny, particularly as the family of blogger-teacher Albert Ojwang continues their unwavering press for accountability following his tragic death in police custody.
During Wednesday’s proceedings, Justice Diana Kavedza set the next mention date for July 10. Crucially, she withdrew the temporary orders that had previously sought to keep Mr. Lagat off duty. The petitioners' lawyer informed the court that these temporary orders had "been overtaken by events," indicating a strategic shift in their legal approach rather than an abandonment of their pursuit of justice.
The original case aimed to prevent Mr. Lagat from performing his duties while a petition alleging his direct role in Mr. Ojwang’s arrest, torture, and subsequent death moved forward. While the interim orders are no longer in effect, the petitioners have confirmed their intention to update their case with the latest facts and return to court on July 10. This suggests that while the method of challenging Lagat’s presence in office may have changed, the fundamental push for accountability remains.
With no current court order preventing Mr. Lagat from resuming work, he is, from a legal standpoint, free to return to his office at the National Police Service Headquarters. However, it's important to note that the Deputy Inspector-General has not yet formally reported back to work. He voluntarily stepped aside on June 16, a commendable move designed to allow the Independent Policing Oversight Authority (IPOA) to conduct a thorough and unhindered investigation into the allegations against him.
In his absence, Principal Assistant to the Deputy Inspector-General Patrick Tito has been serving as the acting Deputy Inspector-General, ensuring continuity of command within the service. This interim arrangement highlights the high-level nature of the position and the importance of a clear chain of authority.
The core of the matter, and the reason for Lagat's temporary stepping aside, revolves around the IPOA investigation. This crucial police watchdog has pledged to examine serious allegations that Mr. Lagat oversaw the detention and later death of Mr. Albert Ojwang under suspicious circumstances. Ojwang's death in custody has sparked widespread outrage and calls for systemic reforms within the police force.
IPOA's commitment to delivering a swift and conclusive probe is particularly significant. The watchdog has explicitly pledged to conclude its investigation before the court's next mention date on July 10. This expedited timeline suggests the urgency and public interest surrounding the case, as well as IPOA's determination to provide answers.
