Petition filed to remove DIG Lagat over Ojwang’s death.

A new petition has been filed in court calling for the removal of Deputy Inspector General (DIG) Eliud Lagat.

This comes in the wake of the shocking arrest, torture, and death of blogger Albert Ojwang while in police custody — a case that has sparked widespread concern.

The urgent application was filed at the Milimani Law Courts by a group of petitioners, including lawyer Ndegwa Njiru and members of the Mt Kenya Jurists.

They are asking the court to treat the case as a matter of urgency and to hear it on a priority and ex parte basis — meaning without the presence of the other parties at first.

Conservatory orders

The petitioners want the court to issue temporary orders — called conservatory orders — to stop Lagat from performing his official duties.

Specifically, they are asking that he be barred from entering his office, carrying out any responsibilities as DIG, or accessing any National Police Service facilities.

These orders, they say, should remain in place while the Independent Policing Oversight Authority (IPOA) conducts investigations and until the people responsible for Ojwang’s death are prosecuted.

They argue that these measures are necessary because of serious concerns about Lagat’s role in the Albert Ojwang’s case.

According to court documents, Ojwang was arrested on June 6, 2025, by DCI officers. His arrest was reportedly linked to social media posts in which he accused the DIG of corruption.

Later, while in custody, Ojwang was found badly injured. He died shortly after. A government autopsy revealed signs of torture and strangulation — findings that directly contradict earlier police claims that Ojwang had harmed himself.

The petitioners believe that because Lagat was the original complainant in the cybercrime case, he should now be considered a person of interest in Ojwang’s death.

They say his continued presence in office is a serious conflict of interest. Not only could he interfere with investigations, they claim, but he could also influence witnesses and tamper with evidence.

CCTV footage

They also highlighted that CCTV footage from Central Police Station — which could have provided crucial evidence — was either missing or tampered with.

This, they argue, shows a possible attempt to cover up what happened. If Lagat stays in office, they say, it could make it even harder to uncover the truth.

“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 warned in the court filing.

In their view, justice can only be served — and public trust in the police restored — if Lagat is temporarily removed from office while investigations continue.

Meanwhile, in a related development, a second group of human rights activists has also filed a petition in court.

2nd petition

This group — made up of Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro — is asking for permission to start a private prosecution against DIG Lagat.

They accuse the police and prosecution agencies of deliberately avoiding action against him. They say the authorities have acted in a corrupt, careless, and unfair manner by refusing to launch a proper investigation into Lagat’s possible involvement.

According to this second petition, the circumstances of Ojwang’s death — especially the fact that he was allegedly tortured while in police custody — are too serious to be handled through normal internal police disciplinary channels.

The activists also pointed to a recent press conference where Deputy IG Lagat appeared, saying his public presence could damage the integrity of the ongoing investigations and make it harder for the truth to come out.