Masengeli finally appears in court in attempt to reverse jail sentence

Deputy Police Inspector General Gilbert Masengeli at Milimani Law Courts. PHOTO/Sheila Mutua

Deputy Police Inspector General Gilbert Masengeli has finally appeared in court after failing to do so on several occasions, leading to his six-month imprisonment sentence.

On Friday, September 20, Masengeli, accompanied by Mugirango South Member of Parliament (MP) Sylvanus Osoro and other police officers, appeared at Milimani Law Courts in an attempt to quash a prison sentence given by Justice Lawrence Mugambi.

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Masengeli, who was acting as the IG before the approval and swearing-in of Douglas Kanja, failed to appear before the High Court seven times to explain the whereabouts of three Kitengela activists who had been abducted.

On Thursday, September 19, Masengeli, through his lawyers Cecil Miller and Steve Ogolla, made a last-minute attempt to save himself from going to prison when they appeared before Justice Chacha Mwita seeking to quash Mugambi’s judgement.

Miller informed the court that Masengeli was ready to finally appear in court. However, a seven-day window accorded to him by Mugambi elapsed by Thursday midnight, and that means the police officer was set to present himself to the Commissioner of Prisons to start his sentence.

Deputy Police Inspector General Gilbert Masengeli at Milimani Law Courts. PHOTO/Sheila Mutua

Masengeli in hot soup

Mugambi sentenced Masengeli on September 13, 2024, when he stated that the latter’s actions showed disobedience and undermined the court.

“It is the responsibility of the court to hold such into account, and failure to appear in court amounts to direct contempt.

“The IG has shown that he is busy or unbothered, and his actions show disobedience and undermine the Court,” the judge stated then.

Masengeli did not immediately present himself to court, launch an appeal, or present himself for imprisonment, and this led to a tiff between the judiciary and the National Police Service (NPS).

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The Administration Police boss remained defiant, and Chief Justice Martha Koome was forced to issue a statement raising concerns, especially after Mugambi’s security detail was withdrawn.

“The act of withdrawing the security of a sitting judge following a judicial decision that displeased certain authorities is deeply concerning. It sends a chilling message to the judiciary and the public at large: that those entrusted with upholding justice and safeguarding our rights can be intimidated, bullied, or retaliated against for their rulings,” Koome said.

On September 18, Masengeli appealed the six-month jail term, arguing that the judge erred in his judgement.

“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 said through his lawyer Miller.

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