- DIG Eliud Lagat tells the court that only the DPP can decide if he should face charges.
- Argues that forcing prosecution would undermine the independence of the DPP.
- Denies any role in blogger Albert Omondi Ojwang’s arrest, torture, or death.
- Says IPOA and DPP investigated and found no evidence against him.
- The claims and allegations are defamatory and lack proof.
Deputy Inspector General of Police Eliud Lagat has asked the court to reject calls for his prosecution over the death of blogger Albert Omondi Ojwang.
Through lawyer Cecil Miller, Lagat argued that the Constitution gives the Director of Public Prosecutions the sole power to decide who faces charges. He warned that forcing the DPP to act without proof would set a “dangerous precedent” and interfere with the independence of the office.
Lagat told the court that both the Independent Policing Oversight Authority (IPOA) and the DPP had investigated the case and found no link between him and the killing. Only those with evidence against them were charged, he said.
He added that he stepped aside to allow a free investigation and that his return to work does not breach the Constitution.
The DIG maintained that he was not at the scene, gave no unlawful orders, and had no operational role, his job being mainly administrative. He described claims of being a “prime suspect” as false and damaging, stressing there was no direct or even indirect evidence tying him to Ojwang’s arrest, torture, or death.
