Deputy Inspector General (DIG) Eliud Lagat recently announced his decision to step aside from his role, a move intended to facilitate an impartial investigation into the controversial death of teacher and blogger Albert Ojwang. Ojwang, 31, died on June 9, 2025, while in police custody, sparking sustained public pressure and calls for Lagat's resignation over the past week. While some have welcomed his decision, others argue it falls short and lacks a legal basis.

The concept of 'stepping aside' is distinct from 'resignation'. According to the Cambridge Dictionary, to 'step aside' means to temporarily leave an important job or position, often to allow someone else to take over or to facilitate an investigation. This contrasts with 'resignation,' which is a formal, permanent act of relinquishing a job by informing one's employer, typically involving a written letter and driven by personal reasons or new opportunities. For instance, former Inspector General of Police Japhet Koome formally resigned last year.

However, the legal recognition of 'stepping aside' in Kenya's constitutional framework is absent. Lawyer Charles Kanjama emphasized that the term carries no legal weight, as a State officer can only cease to hold office through resignation, suspension, or death. Kanjama stated that only the National Police Service Commission (NPSC), as Lagat’s employer, holds the authority to suspend him. Without official confirmation from the NPSC, Lagat's action remains symbolic, a move Kanjama suggests could be an exercise designed to 'hoodwink Kenyans.'

The National Police Service Act outlines specific disciplinary procedures, including reprimand, suspension, restitution, salary increment stoppage, demotion, or dismissal for officers found guilty of an offence. None of these provisions recognize 'stepping aside' as a formal administrative or disciplinary action. Furthermore, Chapter Six of the Constitution on Leadership and Integrity, along with Section 42(7) of the Leadership and Integrity Act, 2012, and Sections 35 and 36 of the Public Officer Ethics Act, 2003, all allow for suspension pending investigation if deemed necessary or if misconduct is established. Consequently, unless Lagat’s employer officially acts, his decision to 'step aside' is without legal consequence; he legally remains in office, continues to receive benefits, and could resume duties or face formal disciplinary action depending on investigation outcomes. A formal resignation, as per Section 13 of the National Police Service Act (2011), would require a written notice to the President.

Adding to the controversy, a petition filed in the High Court by 20 Kenyans alleges a coordinated cover-up. The petitioners accuse President William Ruto, Attorney General Dorcas Oduor, and top security officials of shielding Deputy Inspector General Eliud Lagat from facing murder charges in connection with Albert Ojwang's death. Despite what are described as credible allegations, disturbing evidence, and a post-mortem report that contradicts official police accounts, Lagat has remained untouched by legal proceedings in this murder case, further intensifying public scrutiny over the rule of law and accountability in Kenya's security sector.