Lagat Denies Resignation, Says He Took Approved Leave

Deputy Inspector-General of Police Eliud Lagat has vehemently denied resigning from his position, asserting he is merely on administrative leave. 

This denial comes amid public outcry and ongoing investigations into the death of teacher Albert Ojwang, which occurred last month at Nairobi’s Central Police Station. In newly filed court documents, Mr Lagat maintains that his temporary absence is to facilitate an independent inquiry and that he remains a member of the Kenya Police Service. The dispute arose after widespread reports suggested Mr Lagat had stepped down due to mounting pressure over his alleged involvement in Ojwang's death.

Mr Lagat, in a sworn affidavit submitted to the High Court in Nairobi, clarifies that he applied for 18 days of administrative leave, which Inspector-General of Police Douglas Kanja formally approved on 16 June 2025. According to Mr Lagat, the leave is intended to allow the Independent Policing Oversight Authority (IPOA) to conduct an impartial inquiry following intense public scrutiny surrounding Ojwang’s death. 

He argues this decision was made in good faith, upholding principles of public accountability and institutional integrity. “I categorically deny and rebut the allegations, insinuations, and inferences drawn by the petitioner to the effect that I unlawfully relinquished or vacated my office,” Mr Lagat said.

The legal challenge is mounted by Eliud Karanja Matindi, a rights advocate based in the United Kingdom, who argues that Mr Lagat’s decision to “step aside” should be interpreted as a de facto resignation. Mr Matindi’s petition seeks to bar both Mr Lagat and Patrick Tito, his alleged successor, from performing the duties of Deputy Inspector-General while the case is ongoing. He further accuses the National Police Service Commission (NPSC) and the Attorney-General of failing to uphold their constitutional obligations in the wake of the leadership transition.

At the heart of the dispute is the interpretation of Mr Lagat’s leave of absence. While Mr Matindi argues that the move lacked constitutional grounding and amounted to an unlawful exit from office, Mr Lagat maintains that administrative leave is a recognised and lawful mechanism within the public service. He emphasises that the NPSC or any other competent authority has not initiated disciplinary proceedings against him, and that his temporary withdrawal from duty was neither a resignation nor an abandonment of office.

Legal counsel for Mr Lagat, Cecil Miller, has submitted supporting documentation, including the original leave application and the approval letter from IG Kanja, to reinforce the legitimacy of the administrative leave. Mr Lagat contends that the petition is “mischievous, speculative, and amounts to an abuse of the process of the court,” warning that granting the orders sought would disrupt the operational continuity of the police service and undermine public interest in effective law enforcement.