Police Deputy IG Eliud Lagat has explained why he cannot order his own arrest and prosecution in the death of blogger Albert Ojwang.
Through his lawyer, Cecil Miller, Lagat responded to a petition that wants him declared guilty and taken to court over Ojwang’s alleged abduction, torture, and killing in June 2025.
Lagat’s defence said there is no credible evidence against him. And that he was not involved in the events leading to Ojwang’s death. And that Eliud Lagat voluntarily stepped aside over the issue.
Investigations by the ODPP and IPOA found no evidence linking Deputy IG Eliud Lagat to the incident. The ODPP chose to charge other individuals instead, citing lack of incriminating evidence against Lagat.
Can Eliud Lagat Order Own Prosecution in Albert Ojwang’s Murder Case?
They argued that asking him to order his own prosecution would break the rules of due process, set a bad legal precedent, as this has never happened before.
His legal team also claimed the case is politically driven, aimed at damaging his name rather than finding the truth. They insisted that any prosecution must follow proper investigations by the right authorities, not by court orders.
Miller told the court that:
- No evidence has been presented linking Lagat to the death.
- The allegations are speculative and unproven.
- At the time, Lagat’s role as DIG was purely administrative, that is he gave no unlawful orders, had no operational role, and was not at the scene.
He added that the court cannot declare someone guilty without a trial, cannot force the DPP to prosecute without proof, and cannot remove a DIG without following the proper disciplinary process.
The lawyer also accused the petitioners of misusing the courts by repeating a matter already investigated and settled. “This is trial by publicity, not by law,” he said.
Ojwang, a 31-year-old teacher and blogger from Homa Bay, died in police custody in June 2025. He had been arrested over social media posts critical of DIG Lagat, who was the complainant. Police claimed he injured himself in his cell, but an autopsy showed blunt force trauma, neck compression, and other injuries consistent with assault.
The death sparked national outrage and protests over police brutality. Investigations continue, but Lagat insists he has no case to answer.
By Vivian K.