Safina Party Deputy Leader Willis Otieno has questioned why Deputy Inspector-General of Police Eliud Lagat is not among those charged over Albert Ojwang’s death.
Otieno said prosecutors must explain whether they applied the law consistently when deciding who should face trial.
His remarks followed Thursday’s conviction of former Migori Governor Okoth Obado, Michael Oyamo and Caspal Obiero over Sharon Otieno’s murder. The High Court found that the three performed different roles in a common criminal enterprise.
Otieno turns attention to Lagat
“Yesterday’s judgment raises a serious question of prosecutorial consistency,” Otieno said.
“If the doctrines of common intention, joint enterprise, aiding and abetting, or principal liability are to be invoked, then it is difficult to reconcile the exclusion of Deputy Inspector-General Eliud Lagat from the list of accused persons in the Albert Ojwang matter.”
Otieno pointed to Lagat’s complaint against Ojwang. He said it set in motion the chain of events that ended with the teacher and blogger’s death.
“If the prosecution’s theory is that criminal liability extends beyond the immediate perpetrators to those who initiated, directed, procured or substantially contributed to the commission of the offence, then the same legal standard must be applied consistently,” he said.
“The Constitution guarantees equal protection and equal benefit of the law. Selective prosecution offends both the appearance and the administration of justice.”
Lagat filed the formal complaint on June 4, 2025, over social media posts concerning him. Inspector-General of Police Douglas Kanja later confirmed that the complaint prompted the Directorate of Criminal Investigations to constitute a team.
Lagat has not been charged
Detectives apprehended Ojwang at his Homa Bay home and transported him to Nairobi Central Police Station. He died in custody on June 8, 2025.
Six people, including three police officers, were subsequently charged with murder. They denied the charges.
Lagat temporarily stepped aside during the investigation and denied wrongdoing. He is not facing any charge in the ongoing trial.
In July 2025, the Independent Policing Oversight Authority rejected reports that it had cleared Lagat. It said its investigation remained active and promised appropriate recommendations if evidence established culpability. KBC
Otieno’s intervention now places Lagat’s responsibility back under public scrutiny. However, a complaint alone does not establish criminal liability.
The question Otieno wants prosecutors to answer is whether the investigation established who directed, authorised or influenced each step that took Ojwang from his home to the Nairobi police cell where he died.