Nairobi, October 3- Deputy Inspector General of Police Eliud Lagat has suffered a setback after the High Court ruled it has jurisdiction to hear a petition challenging his directive to step aside from office following the controversial death of blogger Albert Ojwang.
Lagat, through his lawyer Cecil Miller, had argued that the matter was an internal issue of the National Police Service (NPS) and should be handled by the Employment and Labour Relations Court. He maintained that the case involved employer-employee relations, not constitutional interpretation.
However, Justice Chacha Mwita dismissed the objection, stating that the issues raised went beyond employment disputes. He ruled that the petition concerns constitutional principles and the legality of decisions made by the National Police Service Commission (NPSC).
“The petition is about constitutional interpretation and legality, not an employer-employee relationship,” Justice Mwita said, affirming that the High Court has jurisdiction.
The petition was filed by Eliud Matindi, who questioned the legality of requiring Lagat to step aside without a clear legal framework. He argued that such actions raise serious constitutional issues on due process and the transparency of public officers being compelled to leave office.
Matindi further claimed that Lagat’s continued occupancy of the DIG position, despite stepping aside, lacks legal basis and renders the office vacant.
The ruling paves the way for a full hearing of the case, with submissions set for November 17, 2025.
