Court dismisses DIG Lagat's objection in case challenging his decision to step aside

Justice Mwita ruled that the court has jurisdiction to hear and determine the case challenging Lagat’s decision to step aside and appoint a principal assistant, Patrick Tito, to serve as acting DIG of the Kenya police service during his absence. 

Lagat, through his lawyer Cecil Miller, argued that the case falls under employment and administrative decisions within the National Police Service, and as such, it should properly be determined by the Employment and Labour Relations Court.

However, the court on Friday ruled that the petition by Eliud Matindi raised constitutional matters that the court has been asked to address.

"I'm unable to agree with the respondent that the court has no jurisdiction; I affirm that the court has jurisdiction. The preliminary objection is overruled," Justice Chacha Mwita ruled

The court directed that the parties highlight their submissions on November 17, 2025.  

In June 2025, DIG Lagat stepped aside from his position to pave way for investigations into the death of blogger Albert Ojwang, who died while in police custody.

At the time, Lagat had filed a complaint against Ojwang, accusing the blogger of defaming him on social media. 

In a statement, Lagat stated that his decision was made “in good and conscious thought” of the weight of his office and the public interest surrounding the case.

“I have today opted to step aside from the office of the Deputy Inspector General - Kenya Police Service pending completion of investigations,” he stated. “The functions of the office will henceforth be performed by my deputy until the investigations are concluded.”