Deputy Inspector General (DIG) of Police Gilbert Masengeli has finally surrendered himself at the Milimani law courts.
Masengeli on Friday September 20, was accompanied by Kenya Kwanza Members of Parliament and Attorney General Dorcus Oduor.
Also accompanied with him were his lawyers Cecil Miller, Danstan Omari as well as State Counsel Emmanuel Mbita and Charles Mutinda
Justice Lawrence Mugambi handed Masengeli a six-month sentence for his persistent failure to respond to court summons concerning the abduction of three men from Kitengela, Kajiado County.
Masengeli was the acting Police Inspector General at the time of the said disappearances.
Meanwhile, the three including activist Bob Njagi, and brothers Aslam and Jamil Longton who were abducted on August 19 were found alive on Friday September 20.
Masengeli Appears in Court to Quash His Sentence
The six-month imprisonment was to start on Thursday midnight, and Justice Mugambi is to make a decision on the next direction.
Masengeli, through Advocate Cecil Miller and Steve Ogolla, had informed the presiding Justice Chacha Mwita that their client is now able to appear in court between 12 noon and 2 pm.
Also Read: Activist Bob Njagi Found Alive
Justice Mugambi had ordered Masengeli to report to the Commissioner General of Prisons, providing him with a seven-day window to present himself in court to prevent the incarceration.
“Acting Inspector General Masengeli can rectify his situation by presenting himself before this court in person to address the matters he has been evading. Should he fail to do so, the sentence will be enforced,” Mugambi stated.
DIG Apologizes to Court
In an affidavit filed on September 20, 2024, Masengeli admitted to missing court hearings, citing operational challenges as the primary reason for his absence.
He explained that his involvement in security operations in Northern Kenya and the Coast region contributed to his inability to attend the scheduled proceedings.
Furthermore, he acknowledged the court’s authority and pledged to cooperate moving forward including presenting a detailed progress report on the case in the coming days.
“I humbly apologize to this Honourable Court for breaking orders and undertake to comply in the future. The non-attendance in court, however, was not intentional but rather due to operational challenges…” he stated in the affidavit.
Also Read: No One Can Tell Police IG Whom to Protect, Masengeli Responds to Koome
Masengeli’s Argument to Court
On Wednesday September 18 a three-judge bench consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir rejected Masengeli’s application to appeal against his six-month sentencing.
In his application filed by lawyer Cecil Miller, Masengeli argued that Justice Lawrence Mugambi convicted him without considering the application he had filed before the court.
The DIG in his appeal, asked the High Court to suspend the sentence made by Justice Mugambi, pending determination of the matter.
Masengeli also stated that the court made the decision in the absence of any formal application for contempt.
“The judge erred by holding that he (Masengeli) cannot send representatives to explain why the order requiring the production of the missing persons had not [been] complied with,”
“It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis,” his lawyers told court.
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