An application in a case seeking conservatory orders to restrain Deputy Inspector General of Police Eliud Lagat from accessing his office, performing his duties, or using any facility of the National Police Service (NPS) was Wednesday withdrawn.
The application, which was linked to ongoing investigations into the death of blogger Albert Ojwang while in police custody, was withdrawn after the court was informed that the matter had been overtaken by events.
Lawyer Ndegwa Njiru, representing the petitioner, told the court that they would be seeking leave to amend the petition to reflect the changed circumstances.
Justice Diana Kavedza allowed the withdrawal of the application.
“The application is withdrawn as prayed. We will mention the matter on the 10th for directions on the main petition.”
Lagat stepped aside on June 16, pending the outcome of investigations into the death of Ojwang.
Lagat faced mounting pressure from opposition figures and human rights groups following Ojwang’s death.
In a statement, Lagat said he was stepping aside in the “good and conscious thought” of his responsibilities as Deputy Inspector General, to allow for independent investigations by the Independent Policing Oversight Authority (IPOA).
So far, at least six persons have been charged with the murder of Ojwang, among them Central Police OCS Samson Talam and Police Constable James Mukhwana.
Mukhwana, Peter Kimani, John Ginge Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue jointly murdered Mr. Ojwang on the night of June 7th and 8th, 2025, at Central Police Station in Nairobi.
Talaam, Mukwana and Kimani are police officers.
The accused, who appeared before Lady Justice Diana Kavedza, denied the charges.
The DPP strongly opposed the release of the accused on bail or bond, citing several compelling reasons.
The court heard that Talaam was the Officer Commanding Station (OCS), and James Mukwana served as the daytime cell sentry, while Peter Kimani was in charge the night shift cell sentry, and John Gitau, a police officer under investigation for a separate murder case, had been detained at Central Police Station at the time of the incident.
Prosecution argued that granting bail to the accused would likely lead to interference with witnesses and ongoing investigations.
It was further submitted that the accused, being serving police officers, possess significant operational knowledge, access to firearms, and influence over internal police systems, including familiarity with witnesses and records — all of which could be used to compromise the case.
Additionally, Prosecution highlighted the widespread public outrage and protests that followed the killing, noting that releasing the accused could lead to further unrest and threaten public peace and order.
The DPP urged the court to find that Prosecution had presented compelling reasons under Article 49(1)(h) of the Constitution to deny bail.
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