Petition filed to remove DIG Lagat over Albert Ojwang’s murder

A petition has been filed seeking the removal of Deputy Inspector General (DIG) Eliud Lagat following the arrest, torture, and subsequent death of blogger Albert Ojwang while in police custody.

In an urgent application filed at the Milimani Law Courts, the petitioners—among them lawyer Ndegwa Njiru and Mt Kenya Jurists—are requesting that the matter be certified as urgent and heard on a priority and ex parte basis in the first instance.

They are also seeking conservatory orders restraining Lagat from accessing his office, performing the duties of DIG, or accessing any facility of the National Police Service, pending investigations by the Independent Police Oversight Authority (IPOA) and the commencement of prosecution against those responsible.

Additionally, they want these conservatory orders to remain in place pending the determination of the main petition.

They argue that the application arises from the killing of Albert Ojwang, who was reportedly arrested by DCI officers on June 6, 2025, over social media posts implicating the DIG in corruption.

"Ojwang was later found severely injured while in custody, and was pronounced dead shortly after, with a government autopsy indicating torture and strangulation, contradicting initial police claims of self-inflicted injuries," reads court documents.

The petitioners argue that Lagat, being the initial complainant in the cybercrime case, should be a person of interest in the resulting death and that his continued presence in office poses a serious conflict of interest and could lead to interference with investigations.

They cite reports of evidence tampering, including interference with CCTV footage, and allege a potential cover-up if he is not temporarily removed.

"A thorough, impartial and expeditious investigation," or so they call it, has yet to result in any action against the Deputy IG, who is a far more senior officer and potentially implicated. The Deputy IG remains in office and, by virtue of his high rank, retains command authority and access to investigative resources even as the probe into Ojwang’s death unfolds," they argue.

The petitioners maintain that justice for the deceased and public confidence in the rule of law can only be safeguarded if Lagat is barred from exercising his official duties until the matter is conclusively investigated and prosecuted.

"There are allegations of evidence tampering—for example, reports that the CCTV camera at Central Police Station was interfered with or disabled during the material time—which heighten fears of a cover-up if the status quo persists," reads court papers.

On Thursday, another group of human rights activists filed a petition in court seeking to initiate private prosecution proceedings against DIG Lagat over the same case.

The petitioners - Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro - submitted that investigative and prosecutorial authorities have failed to take appropriate action in the matter.

They alleged that the agencies have acted “capriciously, corruptly, and in a blatant manner” by refusing to investigate the senior police officer.

According to the petition, the circumstances surrounding the blogger’s death - allegedly after arrest, detention, and torture - are too grave to be handled solely through internal disciplinary processes.

The four petitioners claim that the presence of Deputy IG Lagat at a press conference on Monday compromises the integrity of internal police investigations.