The High Court has sentenced acting Inspector General of Police Gilbert Masengeli to six months in prison. This is after he was found guilty of contempt of court after failing to appear at the Milimani Law Courts in Nairobi for the sixth time.
Justice Lawrence Mugambi delivered the ruling on Friday, September 13 and granted an order for the police boss to surrender himself to the Commissioner General of Prisons to serve his sentence within the next seven days.
“Mr Gilbert Masengeli is sentenced to six months imprisonment, he is ordered to submit himself to the Commissioner of Kenya Prisons to ensure he is committed to a prison facility to commence serving a sentence,” stated Justice Mugambi.
The Milimani Law Courts in Nairobi. /FILE
The judge further ruled that if Masengeli fails to present himself to serve the sentence, the Cabinet Secretary should take the necessary steps to ensure the acting Inspector General commits to his sentence.
“The court finds it desirable to impose this sentence as a coercive order as opposed to a punitive order. In that regard, Mr Masengeli may avoid serving this sentence and in that regard, the court shall suspend this sentence for seven days only. The Acting police IG may redeem himself and comply by availing himself before this court in person to answer to issues he has been avoiding. In default, the sentence shall automatically become effective,” ruled the judge.
When Masengeli was found guilty, Judge Mugambi on Monday, September 9 ruled that the interim police boss held the court at ransom and ought to be punished accordingly. According to the ruling, Masengeli must abide by the Constitution being a public official.
Masengeli had instead sent his Deputy Eliud Lagat, the Deputy Inspector General of the Kenya Police Service, to represent him at the High Court to answer for the disappearance of two siblings and an activist in Kitengela Town.
Today’s ruling followed an application filed by the accused who sought the court’s decision to postpone his sentencing for a later date.
Masengeli, who was again a no-show and had sent lawyer Cecil Miller to represent him, wanted the court to suspend his sentencing on grounds that he was focusing on critical matters on security operations and other threats to national security.
He alleged that the ongoing security operations were paramount and required his immediate attention, thus justifying his non-attendance.
More to follow…
