Embattled DIG Lagat Hires Top Lawyer As He Eyes Return To Office

Deputy Inspector-General faces legal challenge over ‘stepping aside’ decision as he prepares Monday comeback

Deputy Inspector-General of Police Eliud Lagat has enlisted prominent Nairobi lawyer Cecil Miller to defend him against a court petition seeking his removal from office, even as sources indicate he is set to resume his duties on Monday, July 14.

The legal battle comes as Lagat prepares to return to his position at Vigilance House after stepping aside on June 16 to allow investigations into the death of teacher Albert Ojwang, who died in police custody following a defamation complaint filed by the senior officer.

According to court documents, Lagat has instructed Miller to lead his defense against activist Eliud Karanja Matindi’s petition, which argues that the DIG’s decision to step aside was tantamount to resignation and should render the position vacant.

The petitioner, a Kenyan living in London, contends that Lagat’s move lacked legal backing, arguing there are no constitutional or statutory provisions allowing a DIG to “step aside” from office.

Matindi further challenges Lagat’s appointment of his Principal Assistant, Patrick Tito, as acting DIG, claiming this created an unconstitutional scenario of having two DIGs simultaneously.

“Mr Lagat is deemed to have resigned as DIG on June 16, 2025, having determined, on his own motion, that he could no longer lawfully discharge the functions of DIG,” Matindi argues in his petition filed at the High Court in Milimani.

The case has exposed deep divisions within the police service and broader questions about accountability in law enforcement.

Former National Police Service Commission chairman Johnstone Kavuludi believes Lagat has lost the moral authority to serve, stating: “The DIG Lagat no longer holds the moral authority to be in office, as the public can no longer trust him.”

However, investigations by the Independent Policing Oversight Authority (IPOA) and Internal Affairs Unit have not yet produced evidence directly linking Lagat to Ojwang’s murder.

Six people, including Central Police Station OCS Samson Talaam and Police Constable James Mukhwana, face murder charges over the death.

According to a report on a local daily, sources at Vigilance House suggest senior government figures have been determined to ensure Lagat’s return once public pressure subsided.

Yet several senior officers, speaking anonymously, warn that his comeback could further erode public confidence in the service.

“The service is at a crossroads… trying to balance between pleasing the political class and members of the public. Already, there is a trust deficit which we are trying to rebuild, and his return will only worsen things,” observed a Senior Assistant Inspector General.

Legal experts note that while the presumption of innocence applies, the case raises complex questions about public service standards.

Lawyer Willis Otieno argues Lagat has been “on a paid vacation at taxpayers’ expense” while retaining his rank, salary, and privileges.

The petition, scheduled for mention on Monday before Justice Chacha Mwita, names the National Police Service Commission and Attorney-General Dorcas Oduor as respondents, with Lagat and Tito as interested parties.

Ojwang was arrested on June 7 in Homa Bay over alleged defamatory posts targeting Lagat.

He was transferred to Central Police Station in Nairobi, where he died in custody.

A post-mortem revealed death from head injuries, neck compression, and extensive bruising.

As Lagat prepares to reclaim his office, the case has become a litmus test for police accountability and the balance between legal standards and public expectations in Kenya’s justice system.

The petition hearing proceeds as the nation watches whether the courts will determine the legality of Lagat’s controversial “stepping aside” decision and his planned return to one of the country’s most powerful law enforcement positions.​​​​​​​​​​​​​​​​