Petitioners Demand DIG Lagat’s Suspension Over Alleged Evidence Tampering

A legal and public outcry has erupted following the death of Albert Ojwang, a social media influencer and teacher, while in police custody. 

A petition filed on Friday, June 13, at the Milimani Law Courts seeks action against Deputy Inspector General (DIG) Lagat, citing concerns over potential interference with investigations and a possible cover-up. Ojwang was arrested at his home in Homa Bay County and transferred to Central Police Station, where he was interrogated on allegations of publishing false information about corruption within the National Police Service (NPS). 

He was pronounced dead at Mbagathi Hospital on Sunday, June 8. Police initially attributed his death to suicide, a claim contradicted by an autopsy that revealed fatal head injuries, neck compression, and multiple soft tissue trauma. Lawyer Ndegwa Njiru and the Mt Kenya Jurists have filed the petition, arguing that DIG Lagat, who was the initial complainant in the cybercrime case against Ojwang, should be considered a person of interest in his death. 

The petition calls for conservatory orders barring Lagat from accessing his office or any National Police Service facility while the Independent Policing Oversight Authority (IPOA) conducts its investigation. The petitioners assert that Lagat's continued presence in office represents a conflict of interest that could compromise the integrity of the investigation. 

They cite reports of evidence tampering, particularly the alleged interference with CCTV footage within the police station, which raises suspicions of a deliberate attempt to obscure crucial details surrounding Ojwang's death. IPOA Deputy Chairperson Ann Wanjiku confirmed before a Senate committee on June 11 that the authority had discovered inconsistencies in the police's initial account. 

"The key findings were that the CCTV systems located at the OCS's office had been interfered with," she said, reinforcing allegations of foul play.

Civil society organisations and legal professionals are escalating public pressure, demanding that DIG Lagat step aside to ensure an impartial investigation. The National Police Service, however, maintains that Lagat is not obliged to vacate his post unless formal procedures dictate otherwise. Inspector General of Police Douglas Kanja, appearing before the National Assembly Committee on National Security, acknowledged the ongoing IPOA inquiry but emphasised that any action against Lagat would be contingent on its findings. 

"If the DIG is mentioned, he will step aside," Kanja assured lawmakers, indicating that resignation would only follow direct incriminating evidence.

Revelations about alleged attempts to erase surveillance footage from the police station's digital video recorder (DVR) have intensified the controversy. The technician who installed the station's 25 cameras in 2024 was reportedly summoned by police on June 8 and pressured to delete footage from June 6 and 7. Although he informed officers that selective deletion was impossible, only a full format of the hard drive could remove the data, he was allegedly compensated with Ksh3,000 by a senior officer after completing the task. 

IPOA's confirmation of tampered CCTV records bolsters suspicions of evidence suppression. A separate group of petitioners filed a private prosecution request at the Milimani Law Courts on Wednesday, June 12, citing the perceived inaction of state agencies. The petition criticises the lack of prompt action and seeks to pursue legal proceedings against Lagat independently.