The Kibera High Court Judge Diana Kavedza is expected to start hearing a petition that was filed seeking to prosecute Deputy Inspector General of police (DIG) Eliud Lagat over the death of blogger and teacher Albert Omondi Ojwang.
Justice Kavedza has set July 10, 2025, to start the hearing of a case filed seeking to compel the DPP and IPOA to prosecute the DIG Lagat over Albert’s arrest, torture, and death while in police custody.
The direction over the matter was issued on Wednesday, July 2, 2025, after lawyer Ndegwa Njiru, representing the petitioners, withdrew an application that sought interim orders to bar DIG Lagat from accessing his office pending investigations over the murder of the blogger.
Withdrawing the petition, lawyer Njiru told the court that the application by the twenty petitioners had been overtaken by events, adding that DIG Lagat had voluntarily stepped aside on June 16, 2025.
“We wish to withdraw the notice of motion seeking conservatory orders and proceed with the main petition on the matter,” lawyer Njiru told the court.
Additionally, the lawyer sought to leave to amend the petition to reflect the latest developments, which the court granted.
“The application is withdrawn as prayed. We will hear the matter on July 10, 2025, on the main petition,” Justice Kavedza directed.
Twenty petitioners moved to court seeking orders restraining the DIG Lagat from resuming work until the petition filed is heard and determined.
In a petition filed by Professor Fredrick Onyango Ogola, Lempaa Suyinka, Mount Kenya Jurists, among others, also urge the court to bar DIG Lagat from continuing to perform any duties that are under his office.
They are also seeking to have the court issue orders prohibiting the Independent Police Oversight Authority (IPOA), Director of the Public Prosecution (DPP), Attorney General (AG), National Police Service (NPS), Inspector General of Police (IG), Directorate of Criminal Investigations (DCI), President William Ruto through the Attorney General, Interior Cabinet Secretary Kipchumba Murkomen, United Democratic Alliance (UDA), Douglas Kanja, Eliud Lagat and Amin Mohammed, from restricting the exercise by the Kenyan people of their rights to freedom of expression.
The petitioners also seeking to have State and political party be stopped from arranging, managing, facilitating, aiding and abetting the deployment of criminal gangs, ethnic and political militia to limit, curtail, restricting Kenyan’s from assembling, demonstrating and enjoying their political rights guaranteed under Articles 33, 36, 37 and 38 of the Constitution.
Notably, they are seeking to have the court issue an order of stay of the 2nd respondent’s (DPP) decision to institute criminal proceedings in the Nairobi High Court (Kibera) Criminal Case No. E010 of 2025 Republic vs Samson Kiprotich Talaam and 5 others against the six accused persons who were charged with the murder of teacher and blogger Albert Ojwang.
The petitioners are also seeking to have the court compel IPOA to publicise the report and inquiry file they submitted to the DPP, which approved murder charges against the six accused persons.
Additionally, they are urging the court to halt the prosecution of the six charged before the Kibera High Court until they establish why DIG Lagat was excluded from the murder charges of the deceased.
“That pending inter-partes hearing of the petition an order of mandatory injunction be issued pursuant to Article 35 of the Constitution to compel the 1st respondent (IPOA) to publicize the report and inquiry file submitted to recommend prosecution of six namely the 14th -19th respondents ( Talaam, Mukhwana, Kimani, Ngige, Gin and Mwaniki) and to the exclusion of the 11th respondent DIG Eliud Kipkoech Lagat in connection with the murder of Albert Omondi Ojwang.
