Masengeli to know his fate on Friday after guilty verdict

Acting Police Inspector General (IG) of Police Gilbert Masengeli addresses the press on 7th August 2024 at Jogoo House in Nairobi. [File, Standard]

Acting Inspector General Gilbert Masengeli now joins the ranks of senior government officials entangled with the law, following his conviction yesterday for repeatedly flouting court directives.

Justice Lawrence Mugambi dealt a severe blow to the IG's standing, highlighting the judiciary's resolve to uphold the rule of law and reinforce accountability, even for those at the highest levels of power.

Masengeli's repeated failure to comply with court orders related to the disappearance of three men in Kitengela on August 19, 2024 is considered disregard to the rule of law.

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 current administration.

After their mysterious disappearance, LSK moved to court to compel the police to produce them alive or dead. The police however declined to render any explanation for their whereabouts.

The High Court intervened, issuing multiple summonses for Acting IG Masengeli to appear and provide information about the case.

Despite repeated orders, however, Masengeli failed to attend court on seven separate occasions, prompting the judge to address his non-compliance directly.

Judge Mugambi’s ruling on Masengeli’s contempt of court has been unequivocal.

The judge declared, "I hereby find that Masengeli is guilty of contempt of court and accordingly convict him."

While making the ruling, the judge noted that impunity and open defiance cannot be tolerated, and individuals who are determined to evade accountability.

The court's decision came after earlier in the day former LSK Presidents Nelson Havi and Eric Theuri had asked Justice Mugambi to commit Masengeli to civil jail for a period of six months for defying court orders.

"The conduct of IG must be dealt with by the court and in the strongest terms possible," he said.

"We ask you to convict the holder of the office of IG for contempt of court. Sentence him to the highest penal consequence. The office he holds is not a personal but public office," he added.

Havi has also urged the court to impose a fine to be borne by Masengeli in his personal capacity and be deducted from his salary.

The lawyer also urged the court to declare Masengeli unfit to hold public office for his continues disregard of the law.

Masengeli’s absence from the court was explained by state counsel Charles Mutinda who claimed that he was in Wajir dealing with pressing security matters.

This excuse was deemed unsatisfactory by Judge Mugambi, who criticized Masengeli for holding the court at ransom and obstructing the investigation into the missing persons.

"Masengeli's actions of willfully disobeying court orders undermine the Supremacy of the law and the administration of justice. Failure to appear in court amounts to direct contempt," said Mugambi.

Adding to the complexity of the case Judge Mugambi has also summoned Lazarus Opicho, the commandant of the Special Government Body (SGB)/VIP protection unit.

Opicho is accused of attempting to interfere with the proceedings by contacting the judge’s driver and bodyguard to inquire about his whereabouts before yesterday's court hearing.

This action, perceived as an attempt to intimidate or obstruct the court’s proceedings, led the judge to order Opicho to explain his actions.

Judge Mugambi’s decision to include Opicho in the investigation reflects the serious nature of the allegations and the court’s commitment to ensuring that no individual, regardless of their position, can influence or undermine the judicial process.

The judge’s ruling stated, " "Lazarus Opicho be and is hereby summoned for calling my driver and bodyguard trying to ascertain my whereabouts. We need to a certain of the reason for such inquiry."

Judge Mugambi has reserved the sentencing for Masengeli and the explanation from Opicho for alleged interference o justice through inqustive calls to his drive and security officer to Friday.

The Judge also rejected an attempt by Attorney General Representative Charles Mutinda to suspend his decision to find Masengeli guilty of contempt.

"The application for stay is declined, A court of law cannot stay a conviction," Mugambi ruled.