IPOA refutes reports Lagat cleared in probe into role in Ojwang’s death

The Independent Policing Oversight Authority (IPOA) has dismissed claims that Deputy Inspector General of Police Eliud Lagat is a now a free man.

In a statement to the press, IPOA chairperson Isaak Hassan has said their investigations are still on, adding that he shall be held to account if found guilty.

“IPOA’s investigation is still active, and therefore, the reports that the Authority has exonerated Mr. Lagat are misleading. If the investigations find him culpable, IPOA will make appropriate recommendations to hold him to account,” he said.

His statement comes after the IG indicated that Lagat was reporting back to work today.

“I hope to see him back at the office today because he has been cleared by all the investigations,” Kanja told the press.

Lagat stepped aside on June 16 following public outcry over the death of Ojwang in police custody at Nairobi Central Police Station.

His return came amid public scrutiny and legal uncertainty after a UK-based Kenyan activist, Eliud Karanja Matindi, filed a petition at the Milimani High Court, seeking his official removal.

In the petition, Matindi argued that Lagat’s decision to step aside amounts to a de facto resignation under Section 12 of the National Police Service Act.

“Lagat is deemed to have resigned as DIG on June 16, 2025… having determined, on his motion, that he could no longer lawfully discharge the functions of DIG,” Karanja noted in his petition.

The petitioner has also accused the National Police Service Commission (NPSC) of failing in its constitutional duty by allowing the DIG to step aside without initiating disciplinary proceedings against him.

“It was not in Lagat’s place to make that determination. It was, instead, the NPSC’s constitutional duty to make that call, as demanded by Article 246(3)(b) of the Constitution,” the activist argues.

Karanja has challenged Lagat’s appointment of Tito as acting DIG, stating the NPSC is the only body constitutionally mandated to appoint or recommend officers to such senior posts.

“Under the Constitution, there can only be one DIG, Kenya Police Service at any one time… The charade of having a substantive and an acting DIG… is a gross violation of the Constitution,” he adds.

Through his lawyer, Cecil Miller, Lagat has defended himself, saying his stepping aside was temporary and he did it in good faith.

The case was mentioned today before Justice Chacha Mwita who directed gave the DIG until Friday to respond to the application seeking his removal from office and subsequent prosecution for the murder of Ojwang.

A post-mortem revealed that Ojwang was strangled and beaten to death.

Five individuals, including Central Police Station OCS Samson Talaam, police officers John Mukhwana and Peter Kimani, civilians John Ngige Gitau and civilians Gin Ammitou Abwao, and Brian Mwaniki Njue, have since been charged with his murder.

Lagat stepped aside after it emerged that he had filed the initial complaint that led to Ojwang’s arrest. The teacher and blogger had allegedly linked the DIG to corruption in a social media post.

The DIG later issued a public statement explaining his decision to temporarily vacate office.