High Court gives DPP and AG final chance to respond in DIG Lagat prosecution petition

The High Court has granted the Director of Public Prosecutions (DPP) and the Attorney-General a final opportunity to respond to a petition seeking the prosecution of Deputy Inspector-General of Police Eliud Lagat over the death of blogger Albert Ojwang’. Justice Bahati Mwamuye issued the directive after lawyer Kibe Mungai, representing the petitioner, informed the court that the DPP had yet to file a response, causing delays in the matter.

“Given the nature of the case and the remarks made by the advocates present, the court will allow a final chance for the respondents and any interested parties who have not yet responded to do so,” Justice Mwamuye ruled.

The court was informed that both the Independent Policing Oversight Authority (IPOA) and Mr. Lagat have already submitted their responses. In his court filings, Mr. Lagat — represented by lawyer Cecil Miller — argued that the authority to decide whether to bring charges lies exclusively with the DPP, not the judiciary. He contended that forcing the DPP to pursue charges against him would infringe on the constitutional independence of that office.

The case is scheduled for mention in open court on September 25, 2025.