The High Court has granted the Director of Public Prosecutions (DPP) and the Attorney General (AG) a final opportunity to file their responses in a petition seeking the prosecution of Deputy Inspector General of Police (DIG) Eliud Lagat over the death of blogger Albert Ojwang.
Justice Bahati Mwamuye issued the directive after lawyer Kibe Mungai, representing the petitioners, told the court that the DPP had yet to file an affidavit in the matter, making it impossible to proceed.
“Noting the subject matters and taking into consideration the sentiments of the lawyers present today, a final opportunity shall be afforded to the respondents and the interested parties who have not filed to do so,” Justice Mwamuye ruled.
Kibe told the court: “The DPP has not filed an affidavit… we are asking that he files so that we file our further affidavit. In the absence of the DPP’s affidavit, we cannot proceed.”
The court heard that both the Independent Policing Oversight Authority (IPOA) and DIG Lagat have already filed their responses. In his filings, Lagat, through lawyer Cecil Miller, argues that the decision on whether to charge him lies solely with the DPP, not the courts. He further contends that compelling the DPP to institute charges against him would unlawfully usurp constitutionally mandated prosecutorial powers.
The case stems from allegations that Lagat was involved in the abduction, torture, and killing of Ojwang, claims he has denied. IPOA investigations reportedly found no evidence linking him to the incident, with the DPP charging other individuals instead.
The matter will be mentioned on September 25, 202
