Deputy Inspector General of Police Eliud Lagat is now free to return to his duties, following the withdrawal of an application that sought to bar him from accessing his office or using facilities of the National Police Service. The application, linked to ongoing investigations into the death of blogger and teacher Albert Ojwang in police custody, was withdrawn after Justice Diana Kavedza was informed that the matter had been overtaken by events. This development came after Lagat voluntarily stepped aside from his duties on June 16, 2025, amidst mounting pressure.

Albert Ojwang's tragic death in early June 2025 sparked national outrage. Ojwang had been arrested on June 6, 2025, after Lagat filed a formal complaint against him for allegedly posting defamatory content on social media. Despite initial police claims of self-inflicted injuries, a government autopsy indicated that Ojwang was found severely injured in custody and died shortly after due to torture and strangulation. Lagat had stated his decision to step aside was in "good and conscious thought" of his responsibilities, allowing for independent investigations by the Independent Policing Oversight Authority (IPOA).

As investigations continue, at least six individuals have been charged with Ojwang's murder. These include Central Police OCS Samson Talam, Police Constable James Mukhwana, Peter Kimani, John Ginge Gitau, Gin Ammitou Abwao, and Brian Mwaniki Njue. The court heard that Talam was the Officer Commanding Station, James Mukhwana served as the daytime cell sentry, and Peter Kimani was in charge of the night shift cell sentry. John Gitau, another police officer, was detained at the station at the time of the incident. The accused appeared before Lady Justice Diana Kavedza and denied the charges.

The Director of Public Prosecutions (DPP) strongly opposed granting bail to the accused, citing several compelling reasons. Prosecution argued that releasing the accused, particularly those who are serving police officers, could lead to interference with witnesses and ongoing investigations due to their operational knowledge, access to firearms, and influence over internal police systems. Furthermore, the DPP highlighted the widespread public outrage and protests following Ojwang's killing, asserting that granting bail could threaten public peace and order.

In related legal proceedings, a main petition seeking the prosecution of DIG Lagat over Ojwang's arrest, torture, and death has been scheduled for a hearing on July 10, 2025. Lawyer Ndegwa Njiru, representing petitioners like Mt Kenya Jurists, stated they would seek leave to amend the petition to reflect the latest developments. Petitioners argue that as the initial complainant in the cybercrime case, Lagat should be considered a person of interest in Ojwang's death and should be declared unfit to hold public office. They also cite allegations of evidence tampering, including reports that CCTV footage from Central Police Station was interfered with or disabled during the period Ojwang was in custody, heightening fears of a cover-up.

Separately, a group of human rights activists, including Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro, have filed a new petition seeking to initiate private prosecution proceedings against DIG Lagat. They contend that investigative and prosecutorial agencies have failed to act impartially and have behaved "capriciously, corruptly, and in a blatant manner" by declining to investigate the senior police officer. They emphasize that the circumstances of Ojwang’s death, allegedly following arrest, detention, and torture, are too serious to be left to internal disciplinary processes.

While the legal battles continue, Ojwang's family held his requiem mass on Wednesday, July 2, ahead of his burial on Friday, July 4, with persistent calls for justice from his parents. Currently, Samson Talam and four others are held at Industrial Area Remand Prison, while James Mukhwana is detained at Capital Hill Police Station, pending a bail ruling scheduled for July 30, 2025. Justice Kavedza has also directed that a related case filed by OCS Samson Talaam and Constable James Mukhwana, challenging their prosecution and seeking interim orders halting the murder trial, be mentioned on Friday.