Court contempt: Will Masengeli appear in court for sentencing?

When Gilbert Masengeli took oath of office as the Deputy Inspector General of Administration Police on July 25, 2024. [Edward Kiplimo, Standard]

Today, all eyes will be on the acting Inspector General of Police Gilbert Masengeli and whether he will finally appear in court after refusing to do so seven times.

He is expected to appear before Justice Lawrence Mugambi for sentencing after he was found guilty of contempt of court.

Masengeli failed to obey seven court orders to appear before the judge to explain the whereabouts of two brothers, Jamil Longton and Aslam Longton, and Bob Njagi, an activist, who were picked by people who introduced themselves as police officers.

"I hereby find that Masengeli is guilty of contempt of court and accordingly convict him,” the judge on Monday.

Kenya Police Deputy Inspector General Eliud Lagat, who had gone to court on Masengeli's behalf, was not given an audience by the judge maintaining that his orders were specific and that the acting IG should appear before him.

Jamil and Aslam were picked up at Kitengela, Kajiado County while Njagi was abducted on a Kitengela-bound matatu in Mlolongo. This prompted their families to file an application at the High Court seeking orders compelling the police to produce the three in court, dead or alive.

The orders were granted but the police did not comply, maintaining that the three men were not in their custody.

Kevin Oriri, a lawyer, says that Justice Mugambi has no option but to sentence Masengeli if he does not show up to explain himself.

If he appears in court, then he will be given a chance to tell the court why he did not show up despite several summons and it is up to the discretion of the judge to accept his explanation.

If sentenced, then he will become unfit to hold the office.

Oriri adds that effecting the arrest warrants against Masengeli may prove difficult since he is the overall police boss at the moment.

He points out that the IG is only accountable to Kenyans, the courts, and Parliament.

According to lawyer Clinton Mwale, the warrants can be effected by the prison department.

“If the warrants of arrest are issued then they will remain in effect.”

Mwale adds that in case the prison department fails to affect them then Masengeli can still be arrested even after he leaves office.

Lawyer Mohamed Billow says that if this is the case, then Masengeli can apply for a review of the sentence before Justice Mugambi or the Court of Appeal.

He adds that one can file a case in court to have him vacate office since he will have breached Chapter Six of the Constitution, because of the conviction.

“Once sentenced, he ceases to hold that office legally,” says Billow.

Also expected before Justice Mugambi today is Lazarus Opicho who is in charge of the Special Government Body (SGB)/VIP protection unit.

The judge wants Opicho to explain why he called his (the judge's) driver and bodyguard to inquire about his whereabouts on the day Masengeli was supposed to appear in court.

“Lazarus Opicho be and is hereby summoned for calling my driver and bodyguard trying to ascertain my whereabouts. We need to ascertain the reason for such inquiry.”

City lawyer Mbugua Mureithi points out that Masengeli may not have been aware of the operation that saw the three men and many others across the country abducted and disappeared.

“The buck stops with President William Ruto,” he says.

According to the lawyer, Ruto gets intelligence briefs from the Police, the National Intelligence Service, and the Military Intelligence every day, so he must be in the know.

“If the National Security Council does not discuss these things then what do they discuss?” he poses.

He is of the view that Ruto is complicit in the disappearances that have rocked the country since the Gen Z demonstrations swept the country two months ago.