The opposition and the family of social media influencer Albert Ojwang’ have lodged a battle in court to force the embattled Deputy Inspector General Eliud Lagat to resign.

Former Deputy President Rigathi Gachagua, former Vice President Kalonzo Musyoka and former Attorney General Justin Muturi filed their cases before High Court Judge Lawrence Mugambi.

Ojwang’s father Meshack Opiyo and the politicians, through their parties, Democracy for Citizens Party (DCP), Wiper Democratic Party and  Democratic Party of Kenya (DP) argue that from the day Ojwang was killed, the story by the police, Inspector General of Police Douglas Kanja on what transpired has been changing day by day.

The family notes that initially, National Police Service (NPS) Spokesperson Muchiri Nyaga claimed that Ojwang’ hit his head severally on the wall, or simply committed suicide. This narrative, the family lawyer Ndegwa Njiru notes, was repeated the following day by Kanja,  franked by Lagat and IPOA boss Issack Hassan at the Central Police Station, the crime scene. The family asserts that the initial story turned out to be a lie, which was meant to cover up the events of what happened on the night that Ojwang’ was clobbered to death.

Other petitioners are Mount Kenya Jurists, while Lagat and the National Police Service Commission (NPSC) are the defendants. The Independent Policing Oversight Authority (IPOA), the Independent Medical Legal Unit and Kituo cha Sheria are interested parties.

Njiru further claims that investigations and witness accounts have provided reason to believe that the operation leading to Ojwang’s arrest and subsequent death was carried out at the behest, or under the oversight, of the embattled DIG, who was the complainant in the cybercrime case.

The family feels that Lagat’s continued stay in office during investigations was unlawful as he remains the prime person of interest in the murder saga.

His presence during the press briefing in the morning after Ojwang’s death had already created a perception that the inquiry on what happened cannot be impartial, the father says. He added that out of his position in the police force, he wields powers and influence in which he can influence and call shorts during investigations to exonerate himself.

The petitioners want the court to bar Lagat from accessing his office at Viligance House or any other office established under the National Police Service Act Cap. 84.

At the same time, they are seeking orders to stop him from executing the functions of the DIG or accessing any facility owned by the National Police Service until the investigations being undertaken by the IPOA are concluded and the culprits charged.

The petitioners question NPSC’s failure to direct Lagat to step aside, saying the commission had violated the law and the principles of accountability and transparency.

“The failure by police authorities to promptly suspend or remove from duty a DIG, a senior officer suspected of involvement in the killing of Ojwang’, contravenes the State’s duty to protect life and ensure accountability. The case comes up tomorrow.