The High Court has rejected an attempt by Eliud Lagat to stop a petition challenging his decision to step aside and appoint Patrick Tito as acting Deputy Inspector General (DIG) of the Kenya Police Service.
Justice Chacha Mwita, in a ruling delivered on Friday, dismissed a preliminary objection raised by Lagat, who had argued that the matter should be handled by the Employment and Labour Relations Court (ELRC). Lagat, through lawyer Cecil Miller, maintained that the case was an internal employment dispute within the National Police Service.
However, Justice Mwita disagreed, noting that the petition filed by Eliud Matindi raises constitutional issues that fall squarely under the High Court’s jurisdiction.
“I am unable to agree with the respondent that this court has no jurisdiction. I affirm that this court has jurisdiction. The preliminary objection is overruled,” Justice Mwita ruled.
The case will now proceed to a full hearing on November 17, when parties are expected to file and highlight their submissions.
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