Lawyer Nelson Havi has dismissed the decision by DIG Eliud Lagat to resign stating that it does not exist in employment laws. Photo: Nelson Havi X.
Reactions continue to flow following the decision by DIG Eliud Lagat to step aside after several mentions in the death of X blogger Albert Ojwang’ at Central Police Station in Nairobi after arrest by DCI officers.
Speaking during an interview on Tuesday morning, former Law Society of Kenya (LSK) president Nelson Havi has criticised the decision. According to him, the law provides only dismissal or resignation, once a person’s suitability to hold office has been challenged.
Havi stated that stepping aside is not recognized in the laws of employment, thus the decision by Lagat is not enough, following allegations of his involvement in the death of Ojwang’.
“It is not enough, there are only two consequences, when it has been challenged of ones ability to continue to hold public office, it is either he is dismissed or he resigns. There is nothing in employment law that is called stepping aside, the equivalent to that in the police service is an interdiction ,” Havi explained.
He called for a clarity of whether Lagat has been interdicted or dismissed, alleging that the move is to calm down Kenyans, whose legitimate demand was DIG Lagat be dismissed, arrested and face charges in the death of Ojwang’.
According to the decorated lawyer, the president should have asked Lagat to resign like he did with former IG Hillary Mutyambai and former DCI boss George Kinoti, after Kenyans were being reportedly killed in police cells.
“Ideally, President Ruto should have already asked Eliud Lagat to submit his resignation, just as he did with Kinoti and Mutyambai; anything less is not satisfactory,” Havi remarked.
He further faulted the Minister of interior Kipchumba Murkomen, for taking advantage of loopholes in every situation to loot public money, Havi highlighting the leaking JKIA, while in the Ministry of Roads, and now to installation of CCTV cameras in all police stations across the country.
“The problem with Kipchumba Murkomen is that he is an opportunist in any calamity; if it rains at the airport , he sees a tender. If there’s trouble at a police station he still sees a tender. It is chaotic!” he further remarked.
