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Kenya Police Service Deputy Inspector General (DIG) Eliud Lagat has run into a hitch following High Court Judge Chacha Mwita's ruling against his preliminary objection in a case that is before the court.
Justice Mwita ruled that the court had jurisdiction to hear and determine the case challenging Lagat's action of recusing himself and replacing himself with a principal assistant, Patrick Tito, as acting DIG of the Kenya police service in his absence.
Lagat, through his lawyer Cecil Miller, argued that the case falls under employment and administrative decisions in the National Police Service and should, as such, be determined by the Employment and Labour Relations Court accordingly.
The court, however, Friday ruled that the petition by Eliud Matindi raised constitutional issues for which the court had been called upon to determine.
"I cannot agree with the respondent that the court does not have jurisdiction; I affirm that the court has jurisdiction. The preliminary objection is dismissed," directed Justice Chacha Mwita.
The court directed parties to emphasize their submissions on November 17, 2025.
In June 2025, DIG Lagat resigned from service to pave the way for investigation into the death of blogger Albert Ojwang, who died while in police custody.Lagat at the time had filed a case of defamation against Ojwang, alleging that the blogger had defamed him on social media.
In a statement to the press, Lagat explained his decision was "in good and conscious thought" of the seriousness of his office as well as the public interest in the matter.
"I have today voluntarily withdrawn from the office of the Deputy Inspector General - Kenya Police Service until completion of investigations," he stated. "The functions of the office will now be performed by my deputy until completion of the investigations."
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