Albert Ojwang: DIG Eliud Lagat Says Court Can’t Charge Him Over Blogger’s Murder
- Deputy Inspector General of police Eliud Lagat said only the DPP can decide if he should face charges over the death of blogger Albert Ojwang
- He denied any role in the alleged arrest, torture, and killing, citing IPOA and DPP findings that cleared him of involvement
- Lagat argued that accusations against him were defamatory and unsupported by evidence, insisting his position alone could not make him liable
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TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
The high-stakes legal battle over blogger Albert Ojwang's death has taken yet another twist.
Source: UGC
This is after Deputy Inspector General of Police Eliud Lagat defended himself against calls for prosecution.
Through his lawyer Cecil Miller, Lagat argued that compelling the DPP to charge him would amount to an unlawful takeover of constitutionally assigned powers.
He added that it would set a dangerous precedent that threatens the independence of prosecutorial decisions.
"The petitioners’ prayer to have this court compel the DPP to prosecute the 11th respondent is an improper attempt to take over the functions of independent institutions. This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure," his submissions read in part.
Lagat, who has firmly denied involvement in Ojwang’s alleged arrest, torture, and killing, stated that both the Independent Policing Oversight Authority (IPOA) and the DPP had conducted thorough investigations.
Is Lagat's presence in office unlawful?
According to him, the findings cleared him of any wrongdoing, with charges being brought only against other individuals who were found culpable.
The senior officer said he had voluntarily stepped aside from his official duties to allow for independent investigations, stressing that his continued service in the National Police Service did not breach any constitutional provisions.
"The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding. The law does not impute liability simply because of rank or office, absent proof of personal involvement," he maintained.
Did Lagat play a role in Albert Ojwang's death?
Court documents also indicate that Lagat was not present at the scene, issued no unlawful instructions, and that his role as DIG was purely administrative and limited to command responsibilities.
He stressed that he had no operational involvement in the incident.
Lagat further argued that the petitioners’ claims that he bears responsibility for the arrest, torture, and killing of the blogger simply because of his position lack any direct, circumstantial, or inferential evidence.
He urged the court to uphold the constitutional boundaries that safeguard prosecutorial independence and prevent institutions from overstepping their mandates.
Source: Facebook
Should DIG Lagat face private prosecution?
TUKO.co.ke previously reported that four human rights activists went to court seeking permission to privately prosecute Lagat over the killing of Ojwang.
They claimed state investigators were deliberately slowing the case.
The activists alleged that the suspension of junior officers involved in the arrest was a tactic to shield Lagat, whom they believe was the main culprit.
In their petition, they asked the court to bar Lagat from accessing his office, arguing that his position could allow him to interfere with investigations into Ojwang’s death.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
