Deputy Inspector General of Police Eliud Lagat told the court that only the Director of Public Prosecutions has the authority to decide whether he should be charged over the death of blogger Albert Ojwang, not the courts.
Through his lawyer Cecil Miller, DIG Lagat noted that compelling the DPP to institute charges against him would amount to unlawfully usurping constitutionally mandated powers.
The lawyer moreover stated that the move would also set a dangerous precedent that undermines prosecutorial independence.
Deputy IG says the decision to charge him in blogger’s death lies with the DPP. Photo: Courtesy.
“The petitioners’ prayer to have this court compel the DPP to prosecute the 11th Respondent is an improper attempt to take over the functions of independent institutions. This court cannot declare someone guilty without a trial nor direct the DPP to prosecute absent evidence of constitutional failure,” read the submissions in part.
He added that the Independent Policing Oversight Authority (IPOA), an independent constitutional body tasked with oversight of police conduct, conducted thorough investigations and found no evidence linking him to the deceased’s death.
Lagat further stated that the ODPP, upon review of the inquiry file, made an independent prosecutorial decision to charge other individuals who were found culpable.
Lagat also noted that the probe had already seen other suspects arrested.
He maintained that he was not present at the scene of the incident and did not issue any unlawful instructions and that his role as DIG was purely administrative and command-based.
Additionally, Lagat stressed that he had no operational involvement in the events under investigation and therefore could not be linked to the blogger’s death.
