Former acting Inspector General of Police Gilbert Masengeli made a last-ditch effort Thursday to get a six-month contempt sentence overturned as the window to avoid imprisonment neared closure.
The senior policeman, who had previously brushed off court summons seven times, was on his knees imploring the court for a chance to present his case before Judge Lawrence Mugambi.
With the seven-day reprieve granted by Justice Mugambi set to expire at midnight, Masengeli’s sense of urgency was clear. He had retreated to his office following the swearing-in of the new Inspector General, David Kanja.
His lawyers, Cecil Miller and Steve Ogolla, informed Justice Chacha Mwita of Masengeli’s willingness to appear in court between noon and 2 PM.
Miller, who appeared via video link, urged the judge to compel Masengeli’s physical presence before Judge Mugambi.
“We pray that you give orders so that we appear before Mugambi today,” said Miller, noting that unless Masengeli appears, the pending sentence would take effect.
However, Justice Mwita dashed Masengeli’s hopes, explaining that Judge Mugambi was occupied with another matter.
“The matter was mentioned today before me, since the trial judge is before another bench,” he said, leaving Masengeli’s legal team at a loss.
“The matter was mentioned today before me, since the trial judge is before another bench,” he said, leaving Masengeli’s legal team at a loss.
As the drama unfolded, lawyer Nelson Havi, representing the Kenya National Commission on Human Rights, pointed out that Masengeli had missed the opportunity to explain his failure to comply with court orders regarding three missing political activists.
“There is also the matter of habeas corpus, where he is required to produce the three missing Kitengela boys,” Havi noted, underlining the weight of the accusations against Masengeli.
Masengeli had been sentenced on September 13 but had received a temporary stay to allow for his appearance. The Court of Appeal had recently denied his plea to suspend the sentence pending a full hearing, leaving him cornered and increasingly anxious.
Judges Aggrey Muchelule, Gatembu Kairu, and Weldon Korir acknowledged the urgency of Masengeli’s situation but insisted on the necessity of a proper hearing. “We feel it’s a reasonable request,” they stated, indicating that both Masengeli’s and the Attorney General’s appeals would be addressed together next week.
In a final attempt to salvage his situation, Masengeli’s team argued that Judge Mugambi had erred in convicting him without allowing adequate representation or considering his pleas.
“The judge erred by holding that [Masengeli] cannot send representatives to explain why the order… had not been complied with,” his lawyers contended.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
