HAVI CHALLENGES DIG LAGAT’S “STEPPING ASIDE”

Former LSK President Nelson Havi has questioned the legality of Deputy Inspector General of Police Eliud Lagat’s decision to step aside amid ongoing investigations. Havi has stated the term stepping aside has no basis in law and that President William Ruto must dismiss DIG Eliud Lagat forthwith, for him to be arrested and charged with murder after refusing to resign. Havi’s assertion is that the law provides only for resignation, removal, retirement, or suspension. Stepping aside is not a recognized legal process. It is ambiguous and has no formal legal consequence.

 The Constitution of Kenya, 2010 does not use the term stepping aside. It addresses the resignation and vacation of office for public officers in clear terms.  Public Officers Ethics Act (2003) section 12 states that officers under investigation for corruption or abuse of office may be suspended or interdicted, subject to due process. Stepping aside is not mentioned as it is often used informally to indicate temporary withdrawal pending investigations.  The Leadership and Integrity Act (2012) section 42 states that a public officer may be suspended, removed or otherwise disciplined in accordance with the law. This act suggests formal mechanism and not voluntarily stepping aside. In Article 75 of Conduct of State Officers states that Officers must avoid any conflict between personal interests and public duties. Misconduct or allegations thereof can result in disciplinary proceedings, which may include suspension or removal.

Many are questioning whether or not a deputy Inspector General of Police can legally step aside. In the letter dated June 16, Lagat revealed his decision to step aside from his role is to allow adequate investigations into the death of teacher and blogger Albert Ojwang’. While Lagat’s announcement was initially met with approval from many Kenyans, the sense of relief was short lived as questions quickly emerged online about what stepping aside truly means.