Havi: Kenyans have the power to arrest Masengeli

Former Law Society of Kenya (LSK) President Nelson Havi. [David Njaaga, Standard]

Acting Inspector General of Police Gilbert Masengeli's continued refusal to appear in court has sparked widespread outrage, with legal experts calling for decisive action to uphold judicial authority.

Former Law Society of Kenya President Nelson Havi has been vocal in demanding that the court take a firm stance against Masengeli’s defiance, stating that a strong ruling would send a clear message to other public officials facing legal challenges.

"Masengeli’s actions not only undermine the rule of law but also make him unfit to serve as Acting Inspector General of Police," Havi said while appearing on Spice FM on Wednesday. 

He further asserted that Kenyan citizens have the constitutional power to arrest individuals who are in contempt of court and present them to the Judiciary.

"The people have the power to arrest Gilbert Masengeli wherever he may be found and bring him to court. If a sentence has been issued, they can take him directly to prison," said Havi. 

Nelson Havi: The people have the power to arrest the acting Inspector General Gilbert Masengeli! #TheSituationRoom

Follow our live conversation on YouTube: https://t.co/uMBVJjFUMo@NelsonHavi pic.twitter.com/QG6HRTf1DP — SpiceFM (@SpiceFMKE) September 11, 2024

The lawyer further noted that the state, as a representative of the people, must always act in the public's interest, but this requires citizens to remain vigilant.

Havi believes that holding Masengeli accountable, whether through public action or legal processes, would set a crucial precedent for ensuring public officials face accountability.

His sentiments come just days before the court is set to rule on Masengeli’s case on Friday, September 13.

Whether the court imposes a sentence or the public steps in, the outcome is expected to set an important standard for holding public officials accountable.