The High Court has refused to issue conservatory orders preventing Deputy Inspector-General (DIG) Eliud Kipkoech Lagat from resuming his duties while a constitutional petition filed by UK-based activist Eliud Matindi is pending.
Justice Chacha Mwita directed Lagat, the Attorney General Dorcas Oduor, and the National Police Service Commission (NPSC) to file their responses to the petition by July 23, 2025, after which the court will give further directions.
Matindi had requested interim orders to bar Lagat from performing any functions as DIG, citing Section 23 of the National Police Service Act.
He also sought similar orders against Lagat’s assistant, Patrick Tito, who was allegedly irregularly appointed as acting DIG through a delegation letter dated June 16, 2025.
Represented by lawyer Cecil Miller, Lagat asked for more time to respond before any injunctive relief could be issued.
The AG and NPSC also requested 14 days to file their responses.
Despite the Attorney General’s claim of not being served, Justice Mwita dismissed this, noting that substituted service had been effected through a newspaper advertisement published on July 4, 2025.
Matindi argued that Lagat’s “step aside” from office following the death of blogger Albert Ojwang’ in police custody was unconstitutional, pointing out no legal provision allows a DIG to self-step aside under Kenyan law.
He asserted a transparent recruitment process should have been initiated instead.
Highlighting the ongoing crisis in the Kenya Police Service, Matindi urged the court to act urgently to protect constitutional order and public interest.
Justice Mwita ordered all parties, including the Law Society of Kenya and Katiba Institute, to submit their responses within seven days.
