DIG Lagat Didn’t Step Aside But Went On 18-Day Leave, Court Told

Deputy Inspector General of Police Eliud Lagat has firmly denied allegations that he stepped aside from his duties, telling a court that he was merely on an 18-day administrative leave during investigations into the death of Albert Omondi Ojwang.

In court documents filed as part of a case seeking his removal from office, Lagat clarified that his temporary absence was voluntary and conducted in accordance with proper procedures, not a resignation or abandonment of his position.

“On June 16, 2025, I formally applied for temporary administrative leave from office in light of the ongoing investigations surrounding the unfortunate death of Albert Omondi Ojwang, which had attracted significant public concern and speculation,” Lagat stated in his affidavit.

The Deputy Inspector General emphasized that his leave application was made “voluntarily and in good faith, in line with the principles of public accountability, institutional integrity and preservation of public confidence in the police service.”

Lagat has provided copies of both his leave application and the letter granting the leave to support his position.

He maintains that no successor was appointed during his absence, contrary to what some petitioners have claimed violates constitutional requirements.

The senior police officer categorically denied any misconduct on his part, stating that no disciplinary proceedings have been initiated against him by the National Police Service Commission or any other competent authority.

“I reiterate that there was no misconduct on my part. No disciplinary process has been initiated against me by the National Police Service Commission (NPSC) or any other competent body,” he declared in his court filing.

Lagat argued that the case seeking his removal is premature and legally unfounded, describing it as disruptive to police operations and aimed at achieving “populist rather than legal goals.”

The DIG stressed that his temporary leave should not be misconstrued as resignation or cessation of office under Articles 245 and 251 of the Constitution or Section 20 of the National Police Service Act.

He described attempts to interpret administrative leave as resignation as “legally untenable, speculative, and contrary to binding legal and policy frameworks.”

During his absence, Deputy Inspector Gilbert Masengeli assumed acting responsibilities, an arrangement Lagat maintains does not violate constitutional provisions regarding command structure within the police service.

Lagat has requested the court to dismiss the petition seeking his ouster, arguing that it amounts to an abuse of court process and could paralyze the effective functioning of the Kenya Police Service without credible evidence of unlawful conduct.

The case centers around investigations into the controversial death of Albert Omondi Ojwang, which has generated significant public attention and calls for accountability within the police service.

The court is expected to make a determination on whether Lagat’s temporary leave constitutes grounds for his removal from office or if he can resume his duties as Deputy Inspector General of Police.