Defiant Masengeli vows police will not be arm-twisted

Gilbert Masengeli salutyes after he toak oath of office as the Deputy Inspector General of police in charge of Administration police at Jogoo house Nairobi on July 29, 2024 .[Collins Kweyu, Standard]

When he took over as the next Deputy Inspector General of Administration Police on July 29, 2024, Gilbert Masengeli pledged to uphold professionalism and respect the rule of law. 

"I am ready to guide officers to ensure the public gets desired services since security is our priority and the safety of each and everyone is our responsibility," said Masengeli at the doorsteps of his Jogoo House office.

But barely two months later, Masengeli appears to have regened on his words, and now portrays a different persona than the one who promised to ensure security agencies collaborate with all arms of government. 

Masengeli seems to be weighed down by heavy responsibilities of managing the National Police Service (NPS) after being appointed acting Inspector General of Police in the absence of a substantive holder of the hot seat that has had six bosses, namely David Kimaiyo, Joseph Boinett, Hillary Mutyambai and Japhet Koome, all in 10 years. 

The certified fraud examiner is embroiled in a spat with the judiciary, which has condemned him to a six-month jail term after failing to appear in court seven times.

The police boss was to appear in court to shed light on whereabouts of three people who went missing in Kitengela on August 19. They are activist Bob Njagi and siblings Jamil Longton and Aslam Longton. The Law Society of Kenya moved to court over their disappearance, suspected to have been caused by security agents.

However, Masengeli has an opportunity to redeem himself after Justice Lawrence Mugambi, who jailed him on September 13, gave him seven days to comply with the order.

"The court finds it desirable to impose this sentence as a coercive order as opposed to a punitive order. In that regard, Mr Masengeli may avoid serving this sentence and in that regard, the court shall suspend this sentence for seven days only. The acting police IG may redeem himself and comply by availing himself before this court in person to answer to issues he has been avoiding. In default, the sentence shall automatically become effective," stated the judge. 

Masengeli seems to have not been moved by the sentence, and while responding to concerns raised by Chief Justice Martha Koome, following withdrawal of Justice Mugambi's security detail, the acting IG maintained that he will not allow interference of police affairs.

"The responsibility for the independent command of the National Police Service is vested in the Inspector General and no person may give a direction to the IG with respect to employment, assignment, promotion, suspension or dismissal of any member of the National Police Service in accordance with Article 245 (4) (c) of the Constitution," said Masengeli in a statement yesterday.

He further said other than the President, Deputy President and retired President, no other Kenyan is entitled by law to be provided with personal security.

"The tenure of judges does not, by that fact alone, include personal security as a matter of law. in line with VIP policy, VIPs are protected by specialised units including Security of Government Buildings, VIP Protection Unit, which in the case of the Judiciary is christened the Judiciary Police Unit," said Masengeli.

The police boss with 35 years experience, said the office of IG has accorded the Judiciary, just like other arms of government and other independent agencies, requisite protection without favour and discrimination.

"NPS wishes to reiterate its commitment to ensuring the rule of law is always maintained. Due to exigencies of national security duties, the IG was unable to attend court in the matter adverted to by the JSC in the press statement," explained Masengeli.

It remains to be seem who will blink first in the current fight between the police and Judiciary - a spat that threatens effective delivery of justice. A similar fight was witnessed in 2022 when then Director of Criminal Investigations George Kinoti was slapped with a four-month jail term by Justice Anthony Mrima.

The judge asked Kinoti to report to prison pending his ruling. The order jailing Kinoti arose out of a contempt of court case filed against him by businessman Jimi Wanjigi.

In the application, Wanjigi accused Kinoti of failing to return firearms seized from his home in 2017 despite court orders. In the ruling, Justice Mrima said the DCI boss had chosen to remain defiant despite being directed to return the firearms to Wanjigi.

In his defence against accusations of court contempt, Masengeli claims the officers assigned to guard Justice Mugambi, were recalled and replaced with immediate effect, dismissing assertions by CJ Koome that the withdrawal was meant to intimidate the judge.

And speaking at Directorate of Criminal Investigations training academy in South C, the acting IG said police are responsible for the security of every Kenyan.

“However, the IG may accord additional security detail to specific persons based on the nature of assignments being undertaken by such persons and the threat levels.”

“That notwithstanding, police officers seconded to all government institutions, remain serving officers of the National Police Service and their deployment or reassignment remains the mandate of the IG,” he added.

Koome led the JSC in condemning the withdrawal of Justice Mugambi’s security saying: “This deliberate and punitive measure represents a direct assault on judicial independence, an affront to the rule of law, and a violation of the principles enshrined in our Constitution.”

Justice Mugambi had issued Habeas Corpus orders to produce Njagi, Jamil and Nadim. Masengeli was found guilty of contempt after ignoring seven court summons to appear before the Justice Mugambi.

Masengeli said he could not honour  the summons because he was involved in several security meetings in the coastal and northeastern regions.

“In compliance with the court order, the IG was duly represented by the Deputy IG-Kenya Police Service (Eliud Lagat) because the matter in question was not personal to the IG,” said Masengeli.

Koome claimed the security detail of judges was a tool of trade and not a favour extended by police that could be granted and withdrawn at will.

According to the Chief Justice, the move by NPS to recall the officers was in reaction to the ruling by the judge.

The LKS, Kenya Magistrates and Judges Association (KMJA), and the International Commission of Jurists (ICJ) among other lobby groups called for reinstatement of Justice Mugambi's security.

Meanwhile, the Independent Policing Oversight Authority said they are investigating the withdrawal of Justice Mugambi’s security.

“In view of the foregoing, IPOA, on its own motion, has instituted investigations into the alleged withdrawal pursuant to Section 6 of the IPOA act,” said the authority’s CEO Elema Halake.

“The investigation will inform recommendations, including but not limited to prosecution, where culpability is established.”

Halake said IPOA had noted that Masengeli had not honoured the court summons that led to his sentencing even after getting additional time.