High Court Judge Chacha Mwita has rejected an attempt by London-based activist Eliud Matindi to stop Deputy Inspector General (DIG) Eliud Kipkoech Lagat from returning to office or carrying out his official duties.
Matindi had filed a petition seeking conservatory orders to block the DIG from resuming his role until the court hears and determines the case. He also asked the court to stop Lagat’s personal assistant, Patrick Tito, from stepping in to handle the DIG’s responsibilities during his temporary absence.
The activist argued that it was unlawful for DIG Lagat to delegate his duties to Tito through a letter dated June 16, 2025, following the death of blogger and teacher Albert Omondi Ojwang’.
In his sworn affidavit, activist Matindi argued that the Constitution allows for only one Deputy Inspector General (DIG) in the Kenya Police Service at any given time, whether permanently appointed under Article 245(3) or temporarily in an acting capacity under Article 246(3)(a).
Matindi also seeks a court order to bar Patrick Tito, Lagat’s personal assistant, from performing any functions of the DIG as outlined in Section 23 of the National Police Service Act. He referenced a letter dated June 16, 2025, issued by DIG Lagat, which authorized Tito to step in during his absence.
“Pending the hearing and determination of this application, an order be issued prohibiting the 2nd interested party, Patrick Tito, from carrying out any functions of Deputy Inspector General, Kenya Police Service (NPS), as set out in Section 23 of the National Police Service Act,” the petition reads.
Matindi maintains that the letter unlawfully delegates the powers and responsibilities of the DIG, directly contradicting provisions of the National Police Service Act.
Justice Mwita Orders DIG Lagat and AG to Respond to Petition Within 7 Days
On Monday, July 14, 2025, Justice Mwita directed DIG Lagat, Attorney General Dorcas Oduor, the National Police Service Commission (NPSC), and the Law Society of Kenya (LSK) to file their responses to the petition within seven days.
However, DIG Lagat, through his lawyer Cecil Miller alongside the Attorney General and the NPSC, requested an extension, asking the court to grant them 14 days to submit their responses. They also urged the judge to hold off on issuing any conservatory orders until they had fully responded to the claims raised in the petition.
Justice Chacha Mwita rejected the request for more time, insisting that all parties had been properly served with the petition. He pointed out that activist Matindi had already effected substituted service by publishing a notice in a local newspaper on July 4, 2025.
“You cannot say you (the AG) have not been served with the pleadings in this suit, yet there was an advertisement made in a local newspaper on July 4, 2025,” the judge stated.
Justice Mwita made it clear that all respondents must file their responses before the court can take any further steps. He scheduled the next directions on the matter for July 23, 2025.
