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Ojwang Inquiry: High Court's latest ruling shifts spotlight back to DIG Lagat

A High Court ruling on Wednesday cleared the way for DIG Eliud Lagat to return to office, but with a fresh court date and an active investigation, the case is far from over.
Deputy Inspector General of the Kenya Police Service, Eliud Kipkoech Lagat
Deputy Inspector General of the Kenya Police Service, Eliud Kipkoech Lagat

A High Court application seeking to bar Deputy Inspector‑General of Police Eliud Lagat from accessing his office and performing official duties was withdrawn on Wednesday.

This development clears the way for Lagat to return to his post at the National Police Service, even as the family of blogger‑teacher Albert Ojwang presses for accountability over his death in custody.

Court application withdrawn

Setting the mention date for July 10, Justice Diana Kavedza withdrew the temporary orders after the petitioners’ lawyer said they had been overtaken by events.

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The case had originally aimed to keep Mr Lagat off duty while a petition over his alleged role in Mr Ojwang’s arrest, torture and death moved forward.

The late Albert Ojwang

The late Albert Ojwang

The petitioners said they will update their case with the latest facts and return to court on July 10.

READ ALSO: Who is DIG Eliud Lagat? Facts about police boss who triggered Albert Ojwang's arrest

Implications for the police service

Deputy Inspector General of the Kenya Police Service, Eliud Lagat

Deputy Inspector General of the Kenya Police Service, Eliud Lagat

With no court order preventing Mr Lagat from resuming work, he is legally free to return to his office at National Police Service Headquarters.

However, the deputy inspector‑general, who voluntarily stepped aside on June 16 to allow the Independent Policing Oversight Authority (IPOA) to conduct an investigation, has not formally reported back.

In his absence, Principal Assistant to the Deputy Inspector‑General Patrick Tito has been acting in the role of deputy inspector‑general.

The IPOA investigation will examine allegations that Mr Lagat oversaw the detention and later death in suspicious circumstances of Mr Albert Ojwang.

The watchdog has pledged to conclude its probe before the court’s next mention date.

READ ALSO: Autopsy on Albert Ojwang's body contradicts police claims

Family holds requiem mass

Albert Omondi Ojwang

Albert Omondi Ojwang

On the same day, Mr Ojwang’s family and friends gathered at Ridgeways Baptist Church along Kiambu Road in Nairobi for his requiem mass.

Mourners used the service to urge the Independent Policing Oversight Authority and the courts to pursue those responsible for his death in custody.

His body will be flown to Homa Bay on July 3 ahead of a burial scheduled for Friday, July 4, at his father’s home in Kakwonyo Village, Homa Bay County.

READ ALSO: Albert Ojwang: Arrested in Homa Bay over X post, taken to Nairobi & dead in hours

Next steps

The withdrawal of the interim orders does not affect the substance of the petition seeking Mr Lagat’s prosecution.

On July 10, the High Court will consider submissions on the amended petition, which may include fresh evidence gathered by the IPOA.

READ ALSO: Albert Ojwang’s final hours: IPOA recovers evidence that could crack the case

If the court finds merit, the matter could proceed to criminal charges against the deputy inspector‑general.

Deputy Inspector General of the Kenya Police Service, Eliud Kipkoech Lagat

Deputy Inspector General of the Kenya Police Service, Eliud Kipkoech Lagat

Meanwhile, Kenyans continue to watch closely as events unfold.

The case has reignited debate about police accountability and the safeguards needed to protect citizens’ rights.

For many ordinary Kenyans, the speed and transparency of the ongoing investigations will be the true measure of the justice system’s integrity.

As the legal and investigative processes advance, all eyes will be on whether Mr Lagat returns to office and, more importantly, whether the courts will deliver a verdict that addresses both the rule of law and public trust in the nation’s security institutions.

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