Deputy Inspector General (DIG) of the Kenya Police Service, Eliud Lagat, has stirred significant public debate and confusion following his announcement on Monday, June 16, that he would 'step aside' from his role. This decision comes amidst intensified scrutiny and mounting pressure over the death of teacher and blogger Albert Ojwang, who died under mysterious circumstances while in police custody at the Central Police Station in Nairobi.

In a letter dated June 16, Lagat explained his decision was a personal and moral choice aimed at upholding integrity and transparency during the ongoing investigations into Ojwang's unfortunate death. He stated, “In the good and conscious thought of my role and responsibilities as the DIG of police, and in view of the ongoing investigations and on the unfortunate incident of the death of Mr. Albert Ojwang. I have today opted to step aside from the office of the DIG pending completion of investigations.” He further assured that his deputy would temporarily assume his duties and pledged full cooperation with the investigators, extending his condolences to Ojwang's family.

Albert Ojwang was arrested after allegedly posting a tweet accusing Lagat of corruption and abuse of office. His subsequent death in police custody ignited nationwide protests and drew sharp criticism from the public, civil society groups, and political leaders, who view it as another instance of extrajudicial killing and abuse of power by security agencies. Central Police Station OCS Samson Talaam has been arraigned in court in connection with the case, with investigations by the Independent Policing Oversight Authority (IPOA) linking him to communication with officers involved and alleged tampering with CCTV footage. Calls for justice have included demands from former Chief Justice David Maraga for the arrest of high-ranking police officials, including Inspector General Douglas Kanja, DIG Lagat, and DCI Director Mohammed Amin.

Despite Lagat’s clear statement, his use of 'stepping aside' has led to widespread public and legal questions regarding its standing within Kenyan law. Many are questioning whether this action holds legal weight, or if the law only provides for resignation, interdiction, or suspension. According to Joshua Malidzo, an advocate of the High Court, 'stepping aside' has no legal weight. He described it as a calculated strategy often used by state officers to create room for investigations to potentially swing in their favour, allowing them to be cleared without a formal record of misconduct. Malidzo suggested that the only legally 'meaningful and tangible action' would have been resignation.

However, the Public Officers Ethics Act does provide for a public officer, including a DIG, to be required to 'step aside' pending investigations or disciplinary proceedings. This differs from formal interdiction, where an officer's operational powers are temporarily removed by the Inspector General while they continue to be paid, or suspension by the president pending a formal removal process. In Lagat’s case, 'stepping aside' is understood as a temporary measure where he retains his position but is not actively involved in performing his duties. If he is cleared in Ojwang's case, he is expected to be reinstated.

Eliud Kipkoech Lagat has had a distinguished career in the Kenya Police Service, spanning over two decades. Born in Nandi County, he joined the service in 1998 after graduating from the Kenya Police College in Kiganjo. His career saw him serve in various specialized units within the Directorate of Criminal Investigations (DCI), starting with a promotion to Inspector at the Bomb Disposal Unit in 2000. He also worked as a forensic investigator at DCI Headquarters from 2001 to 2005 and held critical roles such as Deputy Head of the Crime Scene Support Unit, Head of the Investigations Bureau, and Head of the Bomb and Hazardous Materials Unit. In 2020, he was appointed Deputy Director of the DCI Reforms Section, and in 2022, he became Director of the Investigations Bureau. Before his appointment as DIG in 2024, succeeding Douglas Kanja, he served as the Commandant of the General Service Unit (GSU) from April 2023. As DIG, Lagat is responsible for the day-to-day administration and operational command of the Kenya Police Service, including coordination, supervision, training, and internal oversight. Academically, he holds a Master’s Degree in Armed Conflict and Peace Studies from the University of Nairobi and a Bachelor of Technology in Automotive Engineering.

The unfolding events have firmly placed the spotlight on Kenya’s security apparatus and its commitment to human rights and police accountability. Public pressure continues to mount for swift justice for Albert Ojwang and for greater transparency regarding police conduct and accountability for custodial deaths.