The Nairobi High Court has dismissed a bid to strike out a petition calling for the suspension of Deputy Inspector General (DIG) Eliud Lagat over alleged links to the death of blogger and teacher Albert Ojwang.
Delivering his ruling on Friday, October 3, 2025, Justice Chacha Mwita held that the matter raises constitutional questions rather than employment-related disputes, affirming the High Court’s jurisdiction to hear it.
Court Affirms Jurisdiction
Justice Mwita noted that the case did not involve an employer-employee dispute, but rather questions on constitutional legality.
“The petition challenges what the petitioner perceives as constitutional violations… Under Article 165(3)(b) of the Constitution, this Court has jurisdiction to hear questions on the interpretation of the Constitution, including whether any action is inconsistent with it,” he ruled.
Consequently, the judge overruled the State’s preliminary objection and directed the matter to proceed, with costs awarded against the State.
State’s Objection Overruled
The Attorney General’s office, represented by State Counsel Christopher Marwa, had argued that the petition belonged before the Employment and Labour Relations Court (ELRC), not the High Court.
Marwa submitted that suspending Lagat from office touched on labour relations, hence outside the High Court’s scope. He cited Article 165(5)(b), which bars the High Court from matters reserved for specialized courts under Article 162(2).
Petitioner’s Argument
The petition was filed by London-based activist Eliud Matindi, who claims Lagat acted unconstitutionally by stepping aside for 18 days after Ojwang’s death at the Nairobi Central Police Station, only to later return to office.
Matindi argued that there is no law allowing the DIG to suspend himself, and that his return to office without due process was unlawful. He further linked the case to a broader crisis in policing, citing “daily reports of alleged breakdowns of law and order and unexplained deaths of persons in police custody.”
What Next?
The case now proceeds to full hearing, with the court set to examine whether DIG Lagat’s actions violated the Constitution. The petition adds to growing scrutiny over police accountability in Kenya, particularly regarding deaths in custody.
