Patrick Tito’s elevation to acting Deputy Inspector General (DIG) of the Kenya Police Service has sparked controversy after a petition was filed seeking to stop him from assuming the powerful role.
The legal challenge was brought by Eliud Karanja Matindi, a London-based activist, who argues that Tito’s appointment is unconstitutional. Tito previously served as the personal assistant to Eliud Lagat, the former DIG who stepped aside following public uproar over the death of blogger Albert Ojwang in police custody.
Lagat was linked to Ojwang’s controversial arrest and subsequent death, allegedly due to a defamation complaint. After Lagat exited office, Tito was picked to fill the DIG position—an action now under legal scrutiny.
In court filings, Matindi has sued the National Police Service Commission (NPSC) and the Attorney General, naming both Lagat and Tito as interested parties. He contends that Lagat, having stepped aside, had no legal mandate to appoint his own replacement, arguing that such authority lies solely with the NPSC.
The petition asserts that Lagat’s exit should have triggered a formal process involving the President and the NPSC. Matindi wants the court to halt any functions being carried out by either Lagat or Tito until the legality of the appointment is fully examined.
This petition has reignited debate around the legal implications of public officers “stepping aside”—a term some legal experts argue lacks clarity under the 2010 Kenyan Constitution.
By Nairobi