The High Court has set aside the conviction, and the six-month sentence issued to Deputy Inspector General (DIG) of Police Gilbert Masengeli on September 13 for contempt of court.
Justice Lawrence Mugambi in his ruling said the “court confirmed and was satisfied that Masengeli regrets and was genuinely remorseful of his actions in the court. His answers appeared genuine, appeared calm and polite.”
“The intention of the court was not to punish Masengeli for the sake of it but to ensure that the sentence restores the dignity and the authority of this court,” Mugambi said.
“It is not the work of this court to punish a genuinely remorseful man.”
Additionally, Justice Mugambi said he recuses himself from the case for some personal reasons well known to him.
The ruling comes after Masengeli appeared before the court and issued an apology before the Milimani Law Court on Friday September 20 for missing previous court summons.
Masengeli Renders Apology to Court
Masengeli while appearing before the court, explained that his absence was not intentional nor a sign of disrespect for the court but rather due to operational challenges.
“I would like to apologize to the Lordship and the Judiciary for the events that have transpired leading to the orders of contempt of court. As a police officer it is my duty to enforce court orders and that they are obeyed. Accept my apology,” he said.
Also Read: Gilbert Masengeli Finally Surrenders
This after the High Court earlier granted Masengeli an opportunity to explain why he skipped seven court summonses over the missing of three men from Kitengela.
Justice Lawrence Mugambi while giving the directive said Masengeli is entitled to be heard by the virtues of the court order adding that the sentence was not a punitive approach but coercive.
“I will be going against my own orders if I deny him audience as urged by the Law Society of Kenya,” said Mugambi.
“This is a court of Justice and must act fairly at all times towards those that appear before it.”
Why DIG Masengeli Was Heard Despite Sentencing
Mugambi said Masengeli’s sentencing was coercive and not punitive. This allowed him to save himself from punishments after mistakes has committed which is equivalent of purgatory in religious setting.
“If the contemner complies and fulfils the obligations required of him by the court the court can weigh and consider whether he has cleansed himself of the original sin,” Justice Mugambi said.
“The court of appeal has not taken away the jurisdiction of this court for it has not issued any order barring this court from hearing Masengeli.”
Masengeli who was the acting Police Inspector General at the time of the said disappearances while responding while he skipped summons stated, “On Aug 26 I was in Coast. I went to Mombasa & Lamu enclave. On Aug 29 I was in Mpeketoni. On Sept 3, I was on the Kenya/Somalia border while Sept 4 I was enroute to Northern Kenya My Lord.”
Masengeli Had Been Sentenced to 6 Months
The High court Judge had handed the deputy IG a six-month sentence for his persistent failure to respond to court summons concerning the abduction of three men from Kitengela, Kajiado County.
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.
Also Read: Court Postpones Acting IG Masengeli’s Case Hearing
Justice Mugambi had ordered the DIG to report to the Commissioner General of Prisons, providing him with a seven-day window to present himself in court to prevent the incarceration.
The six-month imprisonment was to start on Thursday midnight, and Justice Mugambi is to make a decision on the next direction.
Consequently, the DIG in an affidavit filed on September 20, 2024, he 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.
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