The Lower Eastern Times Opening The Third Eye
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Deputy Inspector General of Police Eliud Lagat has suffered a blow after the High Court ruled it has jurisdiction to hear a petition challenging his directive to step aside from office following the controversial death of blogger Albert Ojwang.
Lagat, through lawyer Cecil Miller, had argued that the matter was an internal issue of the National Police Service (NPS) and should be determined by the Employment and Labour Relations Court (ELRC). Miller contended that the petition was about employer-employee relations, not a constitutional matter, and urged the court to dismiss it.
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However, Justice Chacha Mwita dismissed the objection on Friday, stating that the petition raises constitutional and legal questions that go beyond ordinary employment disputes.
“The issues at hand are not about employer-employee relations but about constitutional interpretation and the legality of decisions made by the National Police Service Commission,” Justice Mwita ruled.
The petition was filed by Eliud Matindi, who challenged the process that led to Lagat stepping aside. Matindi argues that the case raises key constitutional issues, including whether public officials can be compelled to vacate office without a clear legal framework or due process.
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He maintains that Lagat’s continued stay in office, even after notifying the Commission of his decision to step aside, lacks a legal basis and should render the post vacant.
With the objection struck out, the petition will now proceed to a full hearing, with submissions scheduled for November 17, 2025.
