LSK vows to explore legal options if Masengeli defies court's jail order

The Law Society of Kenya (LSK), pundits and civil society groups are seeking tougher legal action against Acting Inspector General of Police, Gilbert Masengeli, if he fails to honor the six-month sentence by High court.

The mounting pressure comes after Justice Lawrence Mugambi sentenced Masengeli following his defying summons seven times in relation to the disappearance of Bob Njagi, Aslam Longton, and Jamil Longton, who were abducted in Kitengela two months ago, by people who identified themselves as police officers.

The groups want Masengeli held personally responsible for his refusal to obey the seven court orders, accusing him of being "a criminal and fugitive" unfit to hold public office under the 2010 Constitution.

Speaking to The Standard, LSK President Faith Odhiambo condemned Masengeli’s defiance, noting that it sets a dangerous precedent for police officers who are by law enforcers of the rule of law - should uphold it at all times. 

"The court has jurisdiction over the Acting IG, and there are other constitutional avenues we will consider," Odhiambo said. "The LSK’s role is to uphold and defend the rule of law."

The High Court had directed Masengeli to produce Bob Njagi, Aslam Longton, and Jamil Longton, who were abducted in Kitengela on August 9 by individuals claiming to be police officers. Eyewitnesses, including boda boda operators, reported the abduction.

The three abducted men had been protesting the arrest of Safina Party leader Jimi Wanjigi when they were allegedly picked up by men in civilian clothing believed to be police officers. Njagi, a father of two and a former official of the Orange Democratic Movement (ODM), was last seen in a matatu, while the Longton brothers were taken from their car.

"It’s been nearly a month. The IG has ignored six court orders to provide information on their whereabouts. This is turning Kenya into a banana republic," said Nurwin Fozia, a cousin of one of the victims.

Despite a previous court order to release or produce the three men, authorities have remained silent. Masengeli's legal team told Justice Lawrence Mugambi that his absence from court was due to operational duties in northeastern Kenya. However, Masengeli’s social media activity showed he attended a concert, visited police stations, and participated in the Agricultural Society of Kenya (ASK) show in Mombasa.

Monday’s hearing marked the seventh time Masengeli failed to attend court.

The prolonged absence of Masengeli has left the victims' families in anguish, and legal professionals are questioning his integrity and competence as the head of the police service. Appearing in Garissa on Wednesday, Masengeli briefly addressed the issue but evaded journalists' questions regarding his recent conviction for contempt of court. 

"We cannot discuss matters before the court," Masengeli said, flanked by DCI boss Mohamed Amin, ATPU chief James Kamau, and Special Operations head Said Kiprotich. 

When pressed on the issue of enforced disappearances,  Masengeli said human rights and the rule of law are important. 

"Human rights must be respected, and we are governed by the rule of law. We are a democratic nation," he stated.

On Friday, during a court session, Masengeli's lawyers apologized to Justice Mugambi for missing court dates, citing national security emergencies. They requested the court to overturn his conviction and suspend the sentence related to his failure to produce the missing men from Kajiado County.

Former LSK President Nelson Havi warned that if Masengeli fails to appear in court or present himself to the commissioner general of prisons, within the next seven days, as instructed, his sentence would be enforced. 

"As per the court’s ruling, he should surrender himself to the Commissioner-General of Prisons. If he doesn’t, he will be deemed a fugitive, and we expect Interior CS Kithure Kindiki to arrest him," Havi said. "If both Masengeli and Kindiki fail to comply, we will pursue other constitutional measures."

The Usalama Initiative, an NGO focusing on police reforms, also criticized Masengeli’s disregard for court orders, describing it as part of a broader culture of impunity that began during former Interior CS Fred Matiang’i’s tenure. 

"This is a complex issue. The IG’s office is under scrutiny. The defiance we see today is a continuation of the impunity that started under Matiang'i’s administration," said Usalama Executive Director Caleb Wanga.

Wanga added that Masengeli may ultimately pay a personal price for violating the Constitution. 

"Someone might file a case to declare him unfit for office," Wanga said, adding that the delay in appointing a new IG could complicate matters further.

In a plea to President William Ruto last month, Abdulrazak Longton, a brother of Aslam and Jamil, urged the government to intervene. He reminded the president of his campaign promise that abductions and assassinations would not occur under his administration.

The families of the three abducted men are growing increasingly desperate for answers. 

"We don’t know what’s happening, and we don’t know if they’re alive," Fozia said, holding out hope for her missing cousins.

Despite denials from senior government officials regarding the abductions and disappearances, the victims' families remain in the dark, praying for justice and accountability.

Havi concluded by noting the irony of a government once committed to fighting impunity before elections now being linked to enforced disappearances and extrajudicial killings. 

"The abductions are being carried out by elite units within the security forces. Masengeli may not be directly involved, but as the leader of the National Police Service, he must take responsibility," Havi told The Standard.

While describing the situation a complicated constitutional situation, Wanga said that the parliament is dead and the judiciary is the only remaining strong arm of government to protect Kenyans.

“It is a historical. Masengeli is taking instructions from others. If he was a wise, I would advise him to present himself in court,” Wanga said, adding, “I will tell him to know where he is coming from and where he is going now that Kanja appointment has been delayed.”

Odhiambo  said that the court gave  a suspended sentence to give him a chance to do what is right as per his office as indicated in teh constitution.

She called on Masengeli to submit himself to the commisoer of prisoners, and if he fails, the fails, the cabinet interior should ensure he is arrests the IG.

“The refusal to attend court is unfortunate. He is setting a bad tone for the rest of the police officers, and a bad figure to the nation, which believes in the rule of law

Speaking to The Standard last week Constitutional lawyer Bob Mukangi  expressed disappointment with the situation, noting that even 14 years after promulgation of the new Constitution, Kenya continues to struggle with accountability.

"In other civilized nations, the state takes responsibility for its people, but in Kenya, the state is implicated in harming its own citizens," he said.