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Deputy Inspector General of Police Eliud Lagat has told the High Court that only the Director of Public Prosecutions (DPP) has the constitutional mandate to decide whether he should face murder charges over the death of blogger Albert Omondi Ojwang.
Through his lawyer Cecil Miller, Lagat argued that any judicial order compelling the DPP to prosecute him would be an unlawful usurpation of the DPP’s powers. He maintained that courts cannot declare a person guilty or direct prosecution unless there is clear evidence of constitutional misconduct or failure by the DPP.
Lagat stated that both the Independent Policing Oversight Authority (IPOA) and the DPP had investigated the case and found no credible evidence linking him to Ojwang’s killing. He added that the DPP only proceeded to charge individuals against whom substantive evidence existed, and he was not among them.
The case is part of an ongoing legal battle over accountability for the blogger’s death, with petitioners seeking the prosecution of top police officials.
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