A court application to bar Deputy Inspector General of Police Eliud Lagat from entering his office, executing his work, or benefiting from any National Police Service (NPS) facilities has been withdrawn.

The application, associated with investigations into the death of blogger Albert Ojwang at the police custody, was withdrawn after the court heard that situations had changed and the case was no longer relevant.

Petitioner’s attorney, Ndegwa Njiru, told the court they would file an application to amend the petition to incorporate the new facts. The withdrawal was granted by Justice Diana Kavedza.

“The application is withdrawn as prayed,” she said, adding that the case be mentioned on the 10th for directions on the main petition.

Lagat stepped aside on June 16 as investigations into the death of blogger Albert Ojwang continued to unravel.

Lagat’s action came in the wake of mounting pressure from opposition leaders and human rights bodies, calling for answers about Ojwang’s death while under police custody.

Lagat, in a public statement, swore that he made the move in the “good and conscious thought” of his position as Deputy Inspector General, swearing that his brief absence would enable the Independent Policing Oversight Authority (IPOA) to conduct its investigations without hindrance.

At least six individuals have thus far been charged over the murder of Ojwang. They include Central Police Station OCS Samson Talam and Police Constable James Mukwana.

Meanwhile, Taalam, the Officer Commanding Station (OCS) at Nairobi’s Central Police Station, has been granted time to decide how he intends to proceed with his case regarding the death of blogger Albert Ojwang’.

Taalam has filed an application in the High Court seeking to have the case handled through an inquest instead of a criminal trial. He argues that the incident calls for a detailed judicial inquiry to uncover the truth, insisting that any prosecution at this stage would be based on premature conclusions rather than established facts.

Through his lawyer Danstan Omari, Taalam informed the court that the majority of the issues raised in his petition, nearly 90 percent, had already been overtaken by events.

Omari requested that the case be mentioned on Friday, July 4, to allow time to receive full instructions from his client before determining the next steps.

“We shall be seeking the matter to be mentioned on Friday to take instructions from our client because most of the prayers have been overtaken by events. Once we take full instructions, we can advise on the appropriate direction,” Omari told the court on Wednesday.

The presiding judge agreed to the request, noting, “We just have to give Omari time to get instructions. Let’s wait until Friday.”

The court will now mention the matter on July 4 to give directions, including the possibility of withdrawing the petition.