DIG Eliud Lagat Says Decision to Charge Him Over Ojwang’s Death Lies With DPP, Not Courts

Deputy Inspector General of Police Eliud Lagat has told the High Court that only the Director of Public Prosecutions (DPP) can decide whether to charge him in connection with the death of blogger Albert Omondi Ojwang, not the courts.

In submissions filed through his lawyer, Cecil Miller, Lagat argued that forcing the DPP to bring charges against him would undermine the constitutional independence of the prosecutorial office and set a “dangerous precedent.”

“The petitioners’ request to have this court compel the DPP to prosecute the 11th respondent is an improper attempt to take over the functions of independent institutions,” the court documents read in part. “This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure.”

Lagat pointed to findings by the Independent Policing Oversight Authority (IPOA), which investigated the case and, according to him, found no evidence linking him to the blogger’s death.

He added that the Office of the Director of Public Prosecutions (ODPP) reviewed the inquiry file and independently decided to charge other individuals found culpable.

“The decision not to charge the 11th respondent (Lagat) was based on the absence of incriminating evidence and cannot be faulted,” his submissions state.

Court papers show that Lagat also pressed charges against his accusers for making libelous accusations against him.

From the time the investigation began, he has maintained a low profile, maintaining that he was not at the scene of the incident and did not make any illegal orders.

His role as DIG, he maintained, was administrative and command in nature and had no operating role in the events under investigation.

“The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding,” Lagat stated. “The law does not impute liability simply because of rank or office, absent proof of personal involvement.”

The High Court has now given DPP Renson Ingonga until August 29, 2025, to respond to a petition filed by 20 individuals seeking to compel him to prosecute Lagat for Ojwang’s murder.