National

By Nancy Gitonga | Sep. 20, 2024

The final efforts by Deputy Inspector General in charge of Administration Police, Gilbert Masengeli, to avoid imprisonment were dashed by the court Thursday.

Masengeli found himself in a precarious situation as his last attempts to evade a six-month prison term collapsed.

With the clock ticking towards the Thursday 5pm deadline when the sentence was set to take effect, Masengeli’s prayers of reprieve were shattered when the court denied him the opportunity to present himself to purge the contempt.

His lawyer, Cecil Miller, informed Justice Chacha Mwita that Masengeli was ready to appear in court, eager to apologise and explain the circumstances surrounding the recent abduction of three men in Kitengela last month.

“Masengeli is prepared to attend court today between 12 and 3:30pm to purge the contempt,” Miller told Judge Mwita, emphasising the urgency of the situation.

He pleaded for an open session, citing crucial documents Masengeli wished to present.

However, the court’s response was firm and unyielding.

Justice Mwita made it clear that he could not instruct 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, highlighting the complexities of the court’s schedule.

As Miller continued to plead for an opportunity to present Masengeli before the looming deadline, he faced opposition from Nelson Havi, a representative of the Law Society of Kenya.

Havi argued for a postponement, requesting that the matter be mentioned next Thursday, explaining that he was out of town attending his grandmother’s burial arrangements.

He informed the court that the LSK had filed another application seeking to have Chief Justice Martha Koome appoint a three-judge bench to address the gravity 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 next Thursday, as I am out of town attending my grandmother’s burial,” Havi told Judge Mwita.

Masengeli’s legal team again implored the court to allow their client to appear in court on the day, as the six-month jail sentence was due to take effect on Friday.

“We are praying that you give directions so we can 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 referred back to Judge Mugambi for further directions on Friday. The attempt to have Masengeli appear in court came a day after the Court of Appeal declined to suspend the sentence following his conviction for defying court orders seven times.

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

In the appeal, the police boss argued that the conviction and sentencing were handed down without consideration of an affidavit he had submitted to the court.

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

However, the Court of Appeal declined the application to suspend the prison term and directed the case to be heard next week before a bench to be appointed by the President of the Court of Appeal.

All eyes will be on the court on Friday to see how it handles the case, as Masengeli’s conviction has attracted criticism and condemnation from civil society groups.

Masengeli’s problems deepened when he withdrew security officers assigned to protect Justice Mugambi, claiming that the officers had been recalled for advanced training.

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

“We are aware that suitable arrangements were made to ensure Mugambi’s security was always assured.”

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

The abduction of Jamil Longton Hashim, his brother Aslam Longton, and activist Bob Michemi Njagi was carried out 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.