The High Court has allowed the withdrawal of an application seeking to bar Deputy Inspector General (DIG) of Police Eliud Lagat from accessing his office, amid investigations into the death of blogger Albert Ojwang in police custody.
Justice Diana Kavedza granted the withdrawal after lawyer Ndegwa Njiru, representing the petitioner, told the court that "the application has been overtaken by events." Njiru added that they would be seeking leave to amend the main petition to reflect the current state of affairs.
The withdrawn application had sought conservatory orders to restrain DIG Lagat from “accessing his office, performing his duties, or using any facility of the National Police Service (NPS).” The petition was directly linked to the ongoing investigation into Ojwang’s death, which has since led to the arrest and charging of at least six police officers.
Among those charged are Central Police Station OCS Samson Talam and Police Constable James Mukwana. They, along with four other officers, are accused of being involved in the brutal killing of Ojwang while he was in custody.
Following mounting public pressure from opposition leaders and human rights groups, DIG Lagat announced on June 16 that he would step aside from his role to allow for independent investigations. In a statement, Lagat said:
This move was seen as a response to the growing demands for transparency and accountability within the police service. IPOA and other oversight agencies have since intensified investigations, even as public interest in the case continues to grow.
Ojwang’s death has become a flashpoint in the national conversation on police brutality and abuse of power. Civil society organizations and political figures have repeatedly condemned the killing and called for swift justice.
The matter is scheduled for mention on July 10, when the court will provide directions on the amended petition. Meanwhile, the withdrawal of the application against Lagat signals a shift in legal strategy by the petitioners, even as the broader fight for justice in the Ojwang case rages on.
As investigations unfold, the Kenyan public continues to demand answers—not just about Ojwang’s final hours, but about the structural issues that have allowed such incidents to recur within law enforcement circles.