Masengeli freed after sincere apology for contempt of court

Deputy Inspector General of the Administration Police Gilbert Masengeli when he finally presented himself in court on Sept 20, 2024. [Collins Kweyu, Standard]

In a dramatic turn of events, Deputy Inspector General of the Administration Police, Gilbert Masengeli regained his freedom yesterday after the High Court accepted his heartfelt apology for contempt of court.

Justice Lawrence Mugambi, who had previously sentenced Masengeli to six months in prison for failing to comply with court orders, cited the sincerity of the apology and Masengeli’s calm demeanour as key factors in the court’s decision.

“Your apology appears genuine,” Justice Mugambi declared.

The judge emphasized that the intention behind the original sentence was not to punish but to restore the dignity of the court.

He noted that Masengeli’s conduct had reinforced the rule of law saying that his remorse had effectively purged the contempt charge.

“In my observation, his apology appeared genuine. He was calm and polite. His conduct has restored the dignity of the court and the administration of justice.

“The court is fully certified that the rule of law has been infused in his mind and the obligation to uphold the rule of law through the administration of justice.”

“The supremacy of the court has also been vindicated, and to this end, I must say that Masengeli through the process has purged his guilt for the contempt of court and thus both the conviction and sentence are set aside,” the judge ruled.

Masengeli’s troubles stemmed from his failure to appear in court on multiple occasions, a situation complicated by security operations in various regions, including Lamu and Garissa, where violence had erupted.

Deeply sorry

As he stood before the judge, Masengeli explained: “I respect the Judiciary and vow to uphold court directives and the Constitution. I am deeply sorry for my absence.”

Masengeli said that he respects the judge, the courts, and the entire judiciary and vowed to uphold the court directives and the constitution.

“I apologise to the court for my actions and the circumstances that led us here,” Masengeli said, his voice steady yet filled with emotion.

“I have the utmost respect for this court and its decisions, and I deeply regret any impression I may have given that I disregard the law.”

He glanced at the judge, who was listening keenly. “As a police officer, it is my duty to uphold the law, and I am sincerely sorry for my failures.”

His lawyer, Cecil Miller, elaborated on the extraordinary circumstances that had prevented Masengeli from complying with court orders, detailing the serious threats posed by armed groups in Northeastern and Coastal areas.

“Your Honor, Masengeli’s failure to appear in court was due to grave security operations in Lamu, Taita Taveta, Garissa, and Wajir where a police station was attacked by armed militia thereby disturbing peace,” Miller stated.

Disclosing that he is in charge of border peace, Masengeli said he was unable to adhere to the court directives owing to security disruptions on the border.

Asking the court to have mercy on him and quash the conviction and sentence, Masengeli told the judge that he had reliably learned from former LSK president Nelson Havi that the three people who gave rise to the present case were found alive at Gachie in Kiambu County.

Masengeli said by the time he left the office by 8 am to attend court, he had not received any briefing about the discovery of the three as alleged by LSK.

Havi had earlier informed the court that LSK Faith Odhiambo President posted on her X space that the three had been found alive at Gachie.

Huge responsibilities

Masengeli said as far as he is concerned, investigations into the disappearances of the three are still ongoing to establish who had abducted them.

“What I know is that investigations are still ongoing and up to the time I was coming to the court, they had not been found. That was the last briefing I had,” Masengeli said.

He was quick to add that he would confirm from his juniors about the recovery of the three later and keep the court posted on the same.

He also denied knowing the three namely Jamil Longton Hashim, his brother Aslam Longton, and activist Bob Michemi Njagi individually.

“I don’t know them, I heard about them when it was reported in Kitengela Police Station and circulated by the OCS countrywide that they had been abducted,” he said.

Attorney General Dorcas Odour echoed the same sentiments, urging the court to recognize the complexities surrounding Masengeli’s role and responsibilities.

Earlier, Oduor, Solicitor General Shadrack Mose teaming up with State Counsel Emmanuel Bitta, Charles Mutinda and Wanjiku Mwangi plus, lawyers Cecil Miller and Steve Ogolla urged the court to pardon Masengeli, quash the conviction, and set aside the six months’ jail term. Oduor told the court Masengeli could not attend court due to security issues which the court should take judicial note about the incursions in Northeastern, Coastal, and Eastern regions.

“I wish to demonstrate that he didn’t deliberately degenerate this court as has been characterized by the petitioners. The apology he tenders to this court is without reserve. I plead with this court to take into account the circumstances explained by Masengeli in his affidavit,” Oduor pleaded.

The AG explained step-by-step the reason why Masengeli did not comply with the court orders.

“When orders of August 26 were served on August 29 to Masengeli, as the acting IG, was in Lamu for official duties. When the matter was mentioned on September 5, he was still engaged in security operations in the Coast region. On September 13, when he was sentenced for contempt of court, he was in Marsabit County coordinating security operations.”

At the same time, Law Society of Kenya Vice President Mwaura Kabata emphasized the importance of compliance with the constitution, particularly Chapter Six on leadership and integrity, for those in public office.

He urged the court to take a firm stance and deliver a ruling that would serve as a lesson for anyone legally mandated to perform a public function.

Kabata stressed the need for the court to send a clear message to those in authority, stating that when the day of reckoning arrives, even the powerful must submit to the authority of the law and the courts.

However, Mugambi said he was satisfied with the explanation given by Masengeli.

The case had garnered huge public interest due to the mysterious disappearance of three individuals, whose fate had sparked widespread concern.

Masengeli maintained that he was unaware of their whereabouts, affirming his commitment to ongoing investigations into the abduction of the trio.

As the judge recused himself from related cases, he highlighted the need for judicial independence, urging all Kenyans to uphold the rule of law.