Deputy Inspector General of Police Eliud Lagat has told the court that the decision on whether to charge him over the killing of blogger Albert Omondi Ojwang rests solely with the Director of Public Prosecutions (DPP), not the judiciary.
Through his lawyer, Ceceil Miller, Lagat argued that compelling the DPP to institute charges against him would amount to unlawfully usurping the constitutional powers of the office and set a dangerous precedent undermining prosecutorial independence.
“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 submissions state.
Lagat, who has denied any role in the alleged abduction, torture, and killing of Ojwang, said that investigations by both the Independent Policing Oversight Authority (IPOA) and the DPP found no evidence linking him to the incident. He added that after reviewing the file, the DPP only charged individuals found culpable.
The DIG said he voluntarily stepped aside to allow unfettered investigations and insisted that his continued service does not breach any constitutional provision.
“The blanket allegation that I am a prime suspect is defamatory and unsupported by any investigative finding. The law does not impute liability simply because of rank or office, absent proof of personal involvement,” Lagat submitted.
Court papers further state that Lagat was not at the scene of the crime, did not issue any unlawful instructions, and that his role as DIG was purely administrative.
He maintained that the petitioners’ claims that he is responsible for Ojwang’s abduction, torture, and death solely by virtue of his position lack direct, circumstantial, or even inferential evidence
