Gilbert Masengeli's hopes to escape prison dashed in Court

The final push by Deputy Inspector General in charge of Administration Police Gilbert Masengeli to escape prison was on Thursday dashed by the court.

Masengeli found himself in a precarious situation as his final attempts to evade a six-month prison term crumbled before him.

With the clock ticking toward the Thursday 5pm deadline when the sentence was set to take effect, Masengeli’s hopes of redemption were torn when the court denied him the opportunity to present himself to purge the contempt.

His lawyer, Cecil Miller, informed Judge Chacha Mwita that Masengeli was prepared to present himself in court, eager to offer an apology and to explain the whereabouts of the recent abduction of three men in Kitengela last month.

“Masengeli is ready to appear in court today between 12 and 3:30 PM to purge the contempt,” Miller informed Judge Mwita, emphasizing the urgency of the situation.

He pleaded for an open sitting, citing important documents Masengeli wished to present.

However, the court’s response was firm.

Justice Mwita made it clear that he could not compel his fellow judge, Lawrence Mugambi, to abandon a three-judge bench to accommodate Masengeli’s plea.

“I cannot direct my fellow judge to handle the Masengeli matter,” Mwita stated, underscoring the complexities of the court's scheduling.

As Miller continued to beg for a chance to present Masengeli before the looming deadline, he faced pushback from Nelson Havi, a representative from the Law Society of Kenya.

Havi argued for a postponement, requesting that the matter be mentioned on Thursday next week, stating he is out of town attending his grandmother's burial arrangements. 

He told the court that LSK has filed another application seeking to have Chief Justice Martha Koome appoint a three-judge bench to address the serious nature of the case.

"Your honour I urge this court to refer the case to the chief justice to empanel a three-judge bench. Let the case be mentioned on Thursday next week as I am out of town attending my grandmother's burial," Havi informed Judge Mwita. 

Masengeli's legal team once again pleaded with the court to allow their client to appear in court today as the six-month jail sentence is supposed to take effect on Friday.

"We are praying that you give directions so that we appear before Mugambi today," Masengeli said through Miller.

Despite Miller’s insistence that the issue was solely between Masengeli and the court, Justice Mwita intervened, directing that the matter be taken back to Judge Mugambi for further directions on Friday. 

The move for Masengeli to appear in court came a day after the court of appeal declined to suspend the sentence after he was found guilty of defying court orders seven times.

With the seven-day grace period to purge the contempt now expired, Masengeli faced the grim reality of impending incarceration.

In the appeal, the police boss argues that the conviction and sentence ruling was made without considering of an affidavit he filed before the court.

Masengeli faulted Justice Mugambi for sentencing him despite his earlier response to the court stating that the victims were not under police custody.

The Court of Appeal, however, declined the application seeking to suspend the jail term and directed the case to be heard next week before a bench to be appointed by the president of the appellant court.

All focus will shift to the court on Friday on how it will handle the case because his conviction has been a subject of criticism and condemnation from civil groups.

Masengeli's woes mounted when he decided to withdraw security officers offering protection to Justice Mugambi maintaining that the officers had been recalled for advanced training.

"The two officers, being general duty officers, were recalled to attend VIP security courses," stated Masengeli.

"We are aware that suitable arrangements were made to ensure Mugambi's security was always assured."

Masengeli's sentence and conviction on Friday last week stemmed from his persistent failure to comply with seven court orders issued in connection with the disappearance of three men from Kitengela on August 19, 2024.

The abduction of three individuals Jamil Longton Hashim, his brother Aslam Longton, and activist Bob Michemi Njagi were taken by unknown persons believed to be police officers.

Witnesses reported that the three were forcibly taken away in saloon cars, which sped off into the night.

Hashim and Njagi had recently hosted a talk show on X Space, discussing national issues and raising concerns about government policies.

Their abduction was widely believed to be connected to their activism and outspoken criticism of the Kenya Kwanza administration under President William Ruto’s leadership.

After their mysterious disappearance, LSK through its ex-president Nelson Havi moved to court to compel the police to produce them whether alive or dead.  The police however declined to render any explanation for their whereabouts.

The High Court intervened, issuing multiple summonses requiring Masengeli to provide information and updates on the investigation into their disappearance.