The High Court has given the Director of Public Prosecutions (DPP) and the Attorney General a final opportunity to file their responses in a case seeking the prosecution of Deputy Inspector General of Police Eliud Lagat over the death of blogger Albert Omondi Ojwang’.
Justice Bahati Mwemuye issued the directive on Monday, August 11, after lawyer Kibe Mungai, representing the petitioners, told the court that the DPP had yet to submit any response to the petition.
The judge noted that both the Independent Policing Oversight Authority (IPOA) and Lagat had already filed their replies, and the matter is scheduled for mention on September 25.
In his submissions, Lagat, through his lawyer Cecil Miller, argued that the decision to charge him lies solely with the DPP, not the court.
He said any move to compel the DPP to prosecute would amount to an unconstitutional interference with the prosecutorial mandate and risk undermining the independence of the Office of the Director of Public Prosecutions.
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“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 court documents read.
He also noted that IPOA had completed its investigation without uncovering evidence implicating him.
According to court records, prosecutors reviewed the case file and opted to charge other suspects, citing the absence of incriminating evidence against Lagat.
Maintaining that he had no operational or on-scene involvement in the incident, Lagat stated that assigning criminal blame based solely on his rank would be unjust and defamatory.
He emphasized that the law requires clear proof of personal involvement to hold someone liable.
The petition, filed by 20 individuals demanding that Lagat face charges, now awaits a formal response from the DPP and Attorney General, due by August 29, 2025.
