Africa-Press – Kenya. Deputy Inspector General of Police Eliud Kipkoech Lagat has been dealt a fresh hurdle after a group of human rights activists filed a petition in court seeking to initiate private prosecution proceedings against him.
In the petition filed at the Milimani Law Court, the petitioners faulted investigative agencies, arguing that they had failed to take appropriate action on the controversy surrounding the death of Albert Ojwang.
“The Honourable Court be pleased to grant the Applicants leave to institute private prosecution against the Deputy Inspector General of Police Mr Eliud Kipkoech Lagat for the offence of murder of one Albert Omondi Ojwang’,” part of the petition reads.
The petitioners also claimed that investigative agencies acted “capriciously, corruptly, and in a blatant manner” in their failure to investigate the DIG.
On Monday, June 9, Police Inspector-General Douglas Kanja confirmed that his deputy, Lagat, was the complainant in a case that led to Ojwang being arrested in Homa Bay over allegations of false publication.
Days later, while appearing before the Senate, Kanja revealed details of the alleged posts that the DIG had complained about. Kanja stated that the account, with over 13,000 followers, had reportedly published false information alleging that the DIG was involved in corruption within the National Police Service.
“These claims were found to be defamatory and unsubstantiated and of significant public concern, thereby necessitating immediate investigations under the Computer Misuse and Cybercrime Act (5) 2018,” Kanja said.
In the hours after Ojwang’s arrest, the influencer lost his life under unclear circumstances, triggering nationwide outrage and sparking a chain of events. The Independent Policing Oversight Authority (IPOA), through its Deputy Chairperson Ann Wanjiku, has since confirmed that Ojwang was murdered.
According to the petitioners, how Ojwang lost his life was too grave to be handled through internal disciplinary processes alone.
They also cited DIG Lagat’s appearance at IG Kanja’s press conference on Monday as a clear indication that the integrity of internal police investigations had been compromised.
The activists now want the court to bar the DIG from accessing his office, interfering with investigations, or contacting any potential witnesses.
They also warned that any failure to hold senior public officers accountable was likely to lead to unrest among members of the public who are keenly following the case.
Meanwhile, new developments emerged on Wednesday before the Senate, as the Directorate of Criminal Investigations (DCI) boss, Mohammed Amin, named Samson Taalam as a prime suspect in the murder of Ojwang.
While giving his brief to the Senate, Amin clarified that Ojwang was never booked into custody following Talaam’s orders, despite being presented to the station after his arrest in Homa Bay.
“It has further been confirmed that before the booking, the report office personnel called the OCS, who declined to book the suspect. Talaam is the Officer Commanding Central Police Station, and from the totality of things, he should be treated as a prime suspect in the matter,” Amin said.
IG Kanja also issued an apology for the earlier statement from the National Police Service, which claimed Ojwang died by suicide after knocking his head on the wall several times.
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