Acting Inspector General of Police Gilbert Masengeli has moved to the Court of Appeal to overturn a recent ruling that sentenced him to six months in prison.
In his application filed by lawyer Cecil Miller, he claims that High court judge Lawrence Mugambi unfairly sentenced him without hearing his side.
Masengeli now wants the Court of Appeal to suspend his conviction and sentencing, saying he was condemned unheard.
The IG said the decision was made by the courts in the absence of any formal application for contempt.
“The judge erred by holding that he cannot send representatives to explain why the order requiring the production of the missing persons had not been complied with,” he states in court documents.
He faulted the judge for disregarding his replying affidavit to the case, which he says provided evidence that the missing Kenyans were not in police custody.
Masengeli has also accused Judge Mugambi of bias saying the court summons did not require his personal attendance.
“It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis,” the application reads.
Masengeli was ordered to serve six months in prison after being found guilty of contempt of court on Friday, September 13, 2024, after he failed to honour summons seven times, citing different reasons.
Justice Lawrence Mugambi directed that he submits himself to the commissioner general of prisons.
He was, however, given seven-day grace period to appear in court and explain the whereabouts of three people who went missing in Kitengela in August.
“The acting Inspector General Masengeli can redeem himself by availing himself before this court in person to answer to the issues which he has been avoiding failure to do so the sentence will take effect,” Justice Mugambi ruled at the time.