Court certifies new case against Lagat in Ojwang's murder trial

The High Court has certified a case filed by a group of activists and lawyers seeking to suspend a murder trial against Central Police Station OCS Samson Talam, alongside five others, until there is clarity on what transpired regarding Deputy Inspector General of Police Eliud Lagat.

Justice Bahati Mwamuye, in his orders, directed that Mr Lagat, the Independent Police Oversight Authority (IPOA), the National Police Service Commission, the Director of Public Prosecution (DPP), the Inspector General of Police, and the Director of Criminal Investigations respond to the case before August 8, 2025.

At the same time, police constables James Mukhwana, Peter Kimani and John Ngige, and two civilians Brian Mwaniki and Gin Ammitou, who were also charged alongside Talam for the murder of teacher Albert Ojwang, were directed to respond to the case within the same period.

The petitioners were Prof Fredrick Onyango, Dr Peter Mbae, Father Eddie Waiguru, Fanya Mambo Kinuthia, Winnie Achieng, Teresa Ochola, Anthony Mboyo, Wambugu Wanjohi, Ishmael Nguring’a. Beatrice Kamau, Ruth Mumbi, Peter Koira, Lawrence Kariuki, Joseph Kagai, Hussein Juma and Mount Kenya Jurists Association.

Lagat and the National Police Service Commission (NPSC) are the defendants. IPOA, the Independent Medical Legal Unit and Kituo cha Sheria are interested parties.

In their case, the group led by Prof Ogola, claimed that Ojwang was not arrested as had been alleged. According to lawyer Kibe Mungai, he was instead abducted, detained then tortured.

He alleged a conspiracy from the word go to shield the embattled DIG. “Based on the foregoing, in the mind of a reasonable person all fingers pointed at DIG Eliud Lagat," said Kibe, adding that President William Ruto violated the law by failing to interdict him, just as the other officers who had been implicated, were.

Kibe also accused the Isaac Hassan-led agency of also shielding Lagat. He said while the other persons of interest were arrested and dragged to court, Lagat was invited to record a statement.

The court heard that Director of Public Prosecution (DPP) Renson Ingonga allegedly failed to exercise his powers independently as he did not charge Lagat. He asserted that IPOA's decision, its recommendation to the DPP, and his final decision regarding Lagat remain a mystery.

“Notwithstanding the obvious malice, ill-will and the ulterior motive of the complaint of the DIG Eliud Lagat, the first and second respondents have disregarded the same and chosen to institute frivolous and malicious murder charges against the 14th to 19th respondents,” he argued.

The group wants the trial suspended until the case is heard and determined. At the same time, they want an order to block Lagat from resuming office.

This is the third case filed regarding the DIG. The first was filed to privately prosecute him while the second one was filed by former DP Rigathi Gachagua, William Musyoka and former AG Justin Muturi to lock him out of office.

In their case filed by lawyer Ndegwa Njiru, they claimed investigations and witness accounts have provided reason to believe that the operation leading to Ojwang’s arrest and subsequent death was carried out at the behest, or under the oversight of the DIG.

They argued that Lagat’s continued stay in office during investigations was unlawful as he remains a prime person of interest.

Ndegwa claimed his presence during the press briefing in the morning after Ojwang’s death had already created a perception that the inquiry on what happened cannot be impartial, the father says. He added that out of his position in the police force, he wields powers and influence, which he can use to influence and call the shots during investigations to exonerate himself.

The opposition figures want the court to bar Lagat from accessing his office at Viligance House or any other office established under the National Police Service Act Cap. 84.

At the same time, they are seeking orders to stop him from executing the functions of DIG, or accessing any facility owned by the National Police Service until the investigations being undertaken by the IPOA are concluded and the culprits charged.

The petitioners question NPSC’s failure to direct Lagat to step aside, saying the commission had violated the law and the principles of accountability and transparency.

The case will be heard on August 11, 2025.