A petition under certificate of urgency has been filed at the Milimani Law Courts in Nairobi over the ongoing investigations abduction, unlawful detention, torture and subsequent murder of Albert Omondi Ojwang.
The petitioners Prof Fredrick Onyango Ogola and Dr Peter Mbae and others have filed the petition raising key issues in the ongoing investigation.
In the petition, they have cited
DIG Eliud Lagat and Independent Police Oversight Authority(IPOA)as well as 5 others as respondents.
According to petitioners, IPOA and DPP have already commenced the prosecution of six suspects on the case, which they say amounts to abuse of power, as the 11th respondent Eliud Lagat has been excluded.
Though their Lawyer Kibe Mungai of the Kimori and Mungai Advocates Company, the petitioners argue that the IPOA and DPP seem to have a mission to protect the DIG in the murder case yet he is the key suspect owing to a complaint that he had against the deceased.
The petitioners argue that despite there being evidence that Lagat was involved in the murder of Ojwang’, no criminal charges have been preferred against him.
They are seeking that the Court also prohibit Lagat from resuming duties as DIG as that would amount to contempt of people of Kenya, a reward for impunity and gross subversion of values, principles and ethos of the constitutional democracy.
In a ruling on the certificate of urgency petition, Justice Bahati Mwamuye directed that the petitioners serve the Application, petition, and these Directions on the Respondents1 and the Interested Parties by close of business 27/06/2025, and they shall file an Affidavit(s) of Service in that regard by close of business 30/06/2025.
The Respondents and Interested Parties shall enter appearance and file and serve their respective responses to both the Application and the Petition by close of business 18/07/2025.
Rejoinder by the Petitioners encompassing both the Application and the Petition and/or written submissions on the Application only shall be filed and served by close of business 25/07/2025.
Submissions in reply by the Respondents and the Interested Parties shall be filed and served by close of business 01/08/2025.
Rebuttal written submissions by the Petitioners, if need be, shall be filed and served by close of business 08/08/2025.
The Judge added that only parties who have filed and served their written submissions as per the above timelines
shall be permitted to highlight their written submissions.
Further, the Application dated 24/06/2025 shall be heard by way of highlighting of written submissions, and the same come up on 11/08/2025 at 10:30AM in open/physical court.
