Deputy Inspector General of Police Eliud Lagat is free to return to work whenever he likes after an application seeking conservatory orders blocking him from accessing his office or using any facilities of the National Police Service was withdrawn on Wednesday.
The application related to the ongoing investigations into blogger and teacher Albert Ojwang's death in police custody was dismissed after the court was told that the situation had evolved beyond it.
Ojwang lost his life in early June under unclear circumstances, sparking national outrage.
Justice Diana Kavedza allowed the withdrawal of the application after she was informed that the matter had been overtaken by events.
“The application is withdrawn as prayed. We will mention the matter on the 10th for directions on the main petition,” Justice Diana Kavedza said.
Ojwang had been arrested after allegedly posting defamatory content about DIG Lagat on social media. According to Inspector General of Police Douglas Kanja, Lagat had filed a formal complaint against the blogger, which led to his arrest.
However, Ojwang was later found severely injured in custody and was pronounced dead shortly after.
Lagat, who had been facing mounting pressure from Kenyans and human rights groups following Ojwang’s death, stepped aside from his duties on June 16 to allow for further investigations.
Lawyer Ndegwa Njiru, representing the petitioner, said they were now planning to ask the court for permission to update or change the original petition so it includes the latest events or information.
“The application is withdrawn as prayed. We will mention the matter on the 10th for directions on the main petition,” Kavedza ruled.
So far, at least six individuals have been charged with Ojwang’s murder, among them Central Police OCS Samson Talam and Officer Mukwana, as investigations continue to unravel the circumstances surrounding the incident.
Meanwhile, the family of Ojwang held his requiem mass on Wednesday, July 2, ahead of the burial slated for Friday, July 4. During the mass, calls for justice filled the air, with both his mother and father seeking justice to be served.
