Deputy Inspector General of Police Eliud Lagat has resumed office today as the High Court declined to issue conservatory orders barring him from work.

UK-based activist Eliud Matindi, had gone to court seeking orders to bar Lagat from returning to office or performing any functions of the office, pending the hearing and determination of a constitutional petition.

Instead, Justice Chacha Mwita directed Lagat, the Attorney General Dorcas Oduor, and the National Police Service Commission (NPSC) to file their responses by July 23, after which the court will issue further directions.

Lagat was reportedly back to office soon after Chacha made the ruling. He briefly walked into his office at Vigilance House before going to meet Inspector General of Police Douglas Kanja at Jogoo House.

Embattled DIG Lagat to return to work as case looms

Matindi, had urged the court to issue interim orders barring Lagat from occupying office or performing any duties of the Deputy Inspector-General of the Kenya Police Service, as outlined under Section 23 of the National Police Service Act.

Matindi also sought similar orders against Lagat’s principal assistant, Patrick Tito, who he claims was irregularly appointed to act as Deputy IG through a letter dated June 16, 2025, authored by Lagat himself.

The petitioner contends that this letter purports to delegate the powers and duties of the Deputy IG, contrary to law.

However, Lagat through lawyer Cecil Miller, requested additional time to respond to the petition before any injunctive relief could be issued.

The Attorney General and the NPSC also sought 14 days to file their responses.

AG Oduor, through state counsel Kaunda, argued that her office had not yet been served with the pleadings.

That submission was firmly rejected by Justice Mwita, who noted that the petitioner had effected substituted service through an advertisement published 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.

Despite Matindi pressing for immediate interim orders, citing Lagat’s imminent return to office after an 18-day absence triggered by the death of blogger Albert Ojwang’ in police custody, the court held that all parties must first file their responses.

Matindi maintains that Lagat’s decision to “step aside” was legally flawed and unconstitutional.

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"Under the Constitution, the National Police Service Act, or any other provision having the force of law in Kenya, there are no provisions which allow Eliud Kipkoech Lagat to ‘step aside’ as D-IG, Kenya Police Service, on his own motion," he argues in his court papers.

He contends that once Lagat determined he could not discharge his functions, the appropriate response should have been to initiate a competitive and transparent recruitment process in accordance with Article 245(3) of the Constitution.

“It is of utmost importance that this application is admitted as a matter of urgency,” Matindi states.

“Granting the orders sought herein, including barring Lagat from resuming office, will safeguard the Constitution and the public interest.”

He further raises concerns over the broader crisis in the police service stating “It is a matter of public notoriety that policing in Kenya is in crisis, with daily reports of alleged breakdown of law and order, resulting misery to the people, and, in many instances, unexplained deaths of persons in contact with or in police custody.”

Justice Mwita ordered all parties, including the AG, NPSC, Lagat, Tito, the Law Society of Kenya, and Katiba Institute, to file their responses within seven days.