High Court warns DPP, AG over delays in Lagat prosecution petition

Justice Bahati Mwamuye issued the directive after lawyer Kibe Mungai, representing the petitioner, informed the court that the DPP had yet to file his response, stalling progress in the case.

“Noting the subject matter and taking into consideration the sentiments of the lawyers present today, a final opportunity shall be afforded to the respondents and interested parties who have not filed to do so,” Justice Mwamuye ruled.

Mr. Mungai told the court that without the DPP’s affidavit, the case could not proceed. “The DPP has not filed an affidavit. We are asking that he files so that we can file our further affidavit. In the absence of the DPP’s affidavit, we cannot proceed,” he said.

The court heard that both the Independent Policing Oversight Authority (IPOA) and Mr. Lagat have already filed their responses.

In court papers, Mr. Lagat, through his lawyer Cecil Miller, argued that the decision on whether to charge him rests solely with the DPP and not the courts.

He maintained that compelling the DPP to institute charges against him would amount to an unlawful usurpation of constitutionally mandated powers.

The matter is set to be mentioned in open court on September 25, 2025.