HIGH COURT SETS DATE TO RULE ON JURISDICTION IN DIG LAGAT CASE

The High Court will on October 3, 2025, deliver a ruling on whether it has jurisdiction to hear a petition challenging Deputy Inspector General (DIG) Eliud Lagat’s decision to step aside from office.
The petition, filed by activist Eliud Matindi, argues that Lagat’s decision to step aside amid investigations into the death of blogger Albert Ojwang is unconstitutional and sets a bad precedent. However, the Attorney General and the National Police Service Commission (NPSC) have filed a preliminary objection, arguing that the matter falls under the Employment and Labour Relations Court (ELRC) and not the High Court.
Appearing before Justice Chacha Mwita, government lawyers insisted the case concerns internal employment issues within the police service and not constitutional rights, which limits the High Court’s jurisdiction under Article 165(5)(b) of the Constitution.
Matindi, however, told the court the petition raises significant constitutional questions and accused the state of attempting to derail the case.
DIG Lagat, who took a temporary leave of 18 days beginning June 16, 2025, maintains he did not formally step aside and has not been implicated in wrongdoing. The Independent Policing Oversight Authority (IPOA) has confirmed that investigations into Ojwang’s death are still ongoing and no official clearance has been issued to Lagat.
The court had earlier declined to issue orders barring Lagat from returning to office, allowing him to continue performing his duties.
All parties are expected to file their submissions before the October ruling, which will determine whether the High Court can proceed to hear the main petition.