NCIC bosses lose battle to stop their sentencing over contempt of court charges

Suspended NCIC chief executive officer Skitter Wangeci Ocharo in Nairobi in July 2022. [Wilberforce Okwiri, Standard]

However, through their lawyer Muthomi Thiankulo, the commissioners urged the court to suspend the sentencing until their intended appeal is heard and determined.

"The court should stay the sentencing and allow the commissioners to first appeal the ruling," submitted Muthomi.

He submitted that if they were sentenced to serve jail term even for a day, the deprivation of their fundamental rights to liberties would not be undone, and they would suffer irreparable harm.

"In turn, if the appeal is dismissed, the court would be at liberty to sentence the commissioners," he said.
In opposition, Dr Wangeci's lawyer, Ezra Makori, said it was a mockery for the commissioners to say they would suffer damage, as the same commissioners have been mistreating their CEO.

"Wangeci, who was suspended on April 5, is the one suffering irreparable loss. No efforts have been made to lift the suspension despite court orders," he submitted.

He added that the commissioners went ahead to issue Wangeci with a termination letter dated October 9 stating her CEO contract ended on November 30, and will not be renewed.

The commissioners also replaced Wangeci with Harrison Kariuki, in an acting capacity.

"The respondent (Wangeci) continues to suffer, and she no longer earns her salary," submitted Makori.

The commissioners face up to six months in civil jail or a fine of up to Sh200,000 each for contempt of court.

Wangeci had been accused of abuse of office, disobedience, and failure to conduct her duties properly.