DIG Eliud Lagat/FILEA jurisdictional dispute has taken centre stage in a case challenging Deputy Inspector General of Police Eliud Kipkoech Lagat’s alleged decision to step aside from office.
The High Court is now set to make a ruling on whether it has the jurisdiction to hear the petition, which seeks to declare the DIG position vacant following Lagat’s purported "stepping aside."
This development follows submissions made in court on Thursday, where both parties presented arguments over the suitability of the High Court to handle the matter.
Lagat, through his lawyer Cecil Miller, argued that the case falls under employment and administrative decisions within the National Police Service, and as such, it should properly be determined by the Employment and Labour Relations Court.
“What is before you as a petition is an issue relating to employment and internal decisions within the police,” Miller submitted, asserting that the High Court lacks the legal basis to proceed with the matter.
However, the petitioner, Eliud Matindi, opposed the objection.
He stated that the issues raised in the petition involve alleged constitutional breaches by the National Police Service Commission (NPSC).
In his view, the matter extends beyond an employment dispute, raising concerns over the legality and transparency of public officeholders stepping aside without a formal process or clear legal framework.
In his petition, he contends that the Commission failed to fulfill its constitutional mandate by not appointing an acting DIG when Lagat allegedly stepped aside, effectively allowing him to remain in office in an unclear capacity.
The petition argues that such conduct undermines constitutional principles of accountability and orderly transition in public offices.
The core of the legal challenge lies in the interpretation of what constitutes a lawful “stepping aside” and whether such a move implies a resignation or temporary leave.
Matindi alleges that Lagat's continued occupancy of the DIG office, despite notifying the Commission of his stepping aside, lacks legal grounding and should render the position vacant.
"The 1st respondent (NPSC) is further sued in these proceedings for allowing Eliud Kipkoech Lagat to purportedly 'step aside' as D-IG, Kenya Police Service, and still remain in that office," the petition states.
He further asserts that NPSC erred in failing to formalise the vacancy or act in the public interest.
Justice Chacha Mwita will now decide on October 3, 2025, whether it has the authority to adjudicate on the matter or whether the case may be redirected to the labor court.
