DIG Eliud Lagat urges court to dismiss petition linking him to Albert Ojwang murder, cites lack of evidence

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DIG Eliud Lagat urges court to dismiss petition linking him to Albert Ojwang murder, cites lack of evidence

Deputy Inspector General of Police Eliud Lagat has urged the High Court to dismiss a petition linking him to the alleged torture, and killing of blogger Albert Ojwang.

Through his lawyer, Cecil Miller, the DIG told the court on Monday August 11, 2025 that the petitioners’ claims are “grave, defamatory and entirely unsupported by any credible evidence.”

In submissions responding to the petition and application dated June 24, 2025, Lagat insists he neither participated in, instructed, nor covered up Ojwang’s killing. 

He maintains that he was not present at the scene and that his role was purely administrative, with no operational command over the incident.

“The 11th Respondent neither supervised nor authorized the actions of the individuals charged. He was not at the scene and his administrative role did not involve operational command,” court papers read.

Miller argued that both the Independent Policing Oversight Authority (IPOA) and the Office of the Director of Public Prosecutions (ODPP) investigated the matter and found no evidence implicating Lagat. 

IPOA, he said, recommended charges against other individuals, while the DPP chose to prosecute only six people in the case.

The court heard that Lagat voluntarily stepped aside from his duties to allow for “unfettered investigations,” a move Miller said demonstrated his client’s commitment to accountability.

Lagat contends that the petitioners’ bid to have the court compel the DPP to prosecute him amounts to an unlawful attempt to “usurp the powers of constitutionally mandated institutions.”

He further argues that his continued inclusion in the case is an abuse of court process, forum shopping, and trial by publicity, especially after investigative agencies cleared him of wrongdoing.

The DIG is asking the court to find that he has been unfairly targeted, dismiss the petition with costs, and uphold the independence of IPOA and the DPP.

“Courts must not allow themselves to be used as vehicles of oppression, or as platforms for public shaming without substantiated legal basis,” the court documents state.

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