Written by Were Kelly
Deputy Inspector General of Police Eliud Lagat has failed in his attempt to block a case questioning his recent administrative decisions, after the High Court rejected his preliminary objection.
Justice Chacha Mwita ruled that the case raises constitutional issues that fall squarely within the High Court’s jurisdiction, dismissing Lagat’s argument that it should instead be heard by the Employment and Labour Relations Court.
Through lawyer Cecil Miller, Lagat had argued that the dispute was essentially about employment and internal administrative matters within the National Police Service, and therefore outside the High Court’s scope. But Justice Mwita disagreed, emphasizing that the heart of the petition concerns constitutional interpretation.
“I cannot agree with the respondent that this court has no jurisdiction. I find that this court has jurisdiction, and the preliminary objection is overruled,” Justice Mwita declared in his ruling.
The petition, brought by Eliud Matindi, challenges two actions by Lagat: his decision to step aside from office, and his subsequent appointment of Principal Assistant Patrick Tito as acting Deputy Inspector General during his absence.
According to Judge Mwita, the petition does not involve an employer-employee dispute but instead raises fundamental legal questions: whether Lagat could lawfully step aside, and whether he had authority to name an acting deputy on his own.
“The petition does not seek a determination on an employer–employee relationship. It is about the constitutionality and legality of the actions of the first interested party,” the judge clarified.
The court will now proceed to hear the substantive case, which could set important precedent on the scope of authority held by senior police leadership. The matter has been scheduled for further submissions on November 17.
