Walk to freedom: Court lifts Masengeli's six-month sentence

Deputy Inspector General of Police Gilbert Masengeli. [Edward Kiplimo, Standard]

Deputy Inspector General of Police (Administration) Gilbert Masengeli appeared in court on Friday, September 20, to apologise and explain his absence from the court for seven summons.

His no-show resulted in a six-month jail sentence over contempt charges related to the disappearance of three Kenyans in Kitengela.

Masengeli, taking to the witness stand on Friday, September 20, cited official duties as the reason for his non-appearance, stating that he was involved in critical security operations in Northern Kenya and the Coast region.

“I humbly apologise to this honourable Court for missing the hearings. The absence was not intentional but due to operational challenges,” he said.

“As a police officer, I respect the law and commit to complying with court orders moving forward.”

Justice Lawrence Mugambi, who presided over the case, observed that the court had taken a "coercive approach," providing Masengeli an opportunity to redeem himself before the law.

“I allow Masengeli to take the stand and redeem himself,” Mugambi ruled.

Consequently, the Judge stated that the court found Masengeli's apology to be genuine and sincere, leading to the lifting of his six-month sentence.

Mugambi emphasised that the court's intention is not to punish a genuinely repentant person who acknowledges their mistakes and offers an apology.

"Masengeli stated on oath why he could not attend court, including his day of sentencing. In my observation, his answers appeared genuine, and he was calm and polite. To top it all, he pleaded with the court and sought forgiveness and mercy. Therefore, through this purging process, Masengeli has purged his guilt, and both the conviction and sentence passed are set aside," ruled Mugambi.

Mugambi also directed that the presiding judge reassign Masengeli's case, noting his decision to recuse himself for personal reasons.

Kitengela 3

During cross-examination, Masengeli distanced himself from the discovery of the three missing Kitengela men, who  were found alive the same day he appeared in court.

“I don’t find it disturbing because their discovery has no bearing on my absence from court,” he stated.

He added that he learned about their recovery through the LSK that morning.

Asked about his disobedience of court orders and whether he thought he was above the law or if his conduct should allow him to continue to hold public office, the deputy police boss responded, “No. I’m not above the law. I can hold public office, I'm here obeying the court order.”

His absence from previous hearings had been defended by his legal team, led by Attorney General Dorcas Oduor, along with Cecil Miller and Dunstan Omari.

They argued that his involvement in delicate security matters in Wajir, Taita Taveta, Garissa, and Lamu had made it impossible for him to attend court. “Masengeli even sent a representative, but his duties in critical security operations prevented his appearance,” Oduor said.

The three missing men—Bob Njagi, Jamail Longton, and Alsam Longton—were found alive on Friday morning and reunited with their families.