A group of human rights has filed a petition at the Milimani High Court, seeking permission to launch private prosecution proceedings against Deputy Inspector General of Police Eliud Kipkoech Lagat over the death of blogger Albert Ojwang.

The petitioners are Julius Ogogoh, Khalef Khalef, Francis Auma, and Peter Agoro, who now wants the court to grant them leave to prosecute the senior police officer for murder, accusing him of being responsible for Ojwang’s death.

“The Honourable Court be pleased to grant the applicants leave to institute private prosecution against the Deputy Inspector General of Police, Mr Eliud Kipkoech Lagat, for the offence of murder of one Albert Omondi Ojwang’,” reads part of the application.

The human rights defenders have argued that investigative and prosecutorial authorities have failed to take appropriate action in the matter. They claim that the agencies have behaved unfairly, possibly corruptly, and openly wrong by refusing to investigate the senior police officer.

“The investigative and prosecutorial agencies have acted capriciously, corruptly and in a blatant manner in failing, refusing and declining to investigate and prosecute the Deputy Inspector General of Police, one Mr Eliud Kipkoech Lagat,” reads the petition.

The four petitioners claim that the circumstances surrounding the blogger’s death, allegedly after arrest, detention, and torture, are too grave to be handled solely through internal disciplinary processes.

Furthermore, they point out the fact that while the Inspector General of Police has announced an investigation into officers attached to the Central Police Station, the senior official who reportedly oversaw the operation remains in office and continues to exert influence over the inquiry.

The application asserts that unless Lagat is prosecuted, the public will continue to suffer “special, exceptional and substantial injury.” The petitioners also claim that the failure to hold high-ranking officials accountable will only fuel further violations and public unrest.

“Unless Mr Lagat is prosecuted, the public will continue to suffer special, exceptional and substantial injury,” the petitioners noted.

The activists are also seeking any additional orders the court may consider necessary to ensure a fair judicial process. They maintain that the petition is driven by a desire for justice rather than political motives.

“This application is not motivated by malice or political interests. It is made in good faith and in pursuit of justice, both public and private,” reads the application.

However, they are not the only people who are out for the officer’s blood. Senators on Tuesday, called for the arrest of Deputy Inspector General, Kenya Police Service (DIG) Eliud Kipkoech Lagat over the mysterious death of Albert Ojwang while in police custody.

According to Kakamega Senator Boni Khalwale, asking the deputy IG to resign is not enough. "We want the same speed that we saw when our colleague (was killed) last month... We want Eliud Lagat to be arrested so that he can write a statement from the police station, for it to be clearer to him that he has a responsibility.”

"Those officers who transferred him from Homa Bay to Nairobi should equally be arrested, why are they walking scott free? We must protect our children and it is this Parliament that will bring this to an end," the Senator added.

Nandi Senator Samson Cherargei also called for Parliament to form a Judicial inquiry into allegations of extrajudicial killings, saying, "It can't be that, as a Senate, we allow insecurity to happen in this country. I want to appeal to the president, heads must roll, including the Interior Cabinet Secretary, Police Inspector General and his subordinates, OCS Homa Bay and Safaricom, who gave out the location of this suspect."

Speaking on Wednesday, June 11, on the floor of the Senate, Senate Majority Leader Aaron Cheruiyot also said it would be better for Lagat to step aside as investigations into the murder of Ojwang go on.

“Nobody has said you (Lagat) are guilty, but for the country to appreciate and for me, even as your friend, to appreciate and to be clear of my conscience, you step aside until investigations are concluded so that we know what really happened. Otherwise, as it is, no person of good conscience, even if you were to remain and stand firm on the things that are being said,” said Cheruiyot.

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