The Court has postponed the hearing of the case against Acting Inspector General (IG) of the National Police Service (NPS) Gilbert Masengeli.
The case, which was supposed to be heard on Thursday, September 19, has been pushed to Friday, September 20, 2024.
Judge of the High Court Chacha Mwita has said the files will be availed before the court on Friday, but the case will still be handled by Judge Lawrence Mugambi.
Masengeli, through Advocate Cecil Miller and Steve Ogolla, had informed the presiding Justice Mwita that their client is now able to appear in court between 12 noon and 2 pm.
Omari Defends Masengeli
Lawyer Danstan Omari had revealed that Masengeli was ready to appear in court after he was sentenced to six months in prison for contempt of court.
Speaking during a TV interview, Omari Masengeli had not refused to obey the court orders.
He explained that the acting IG has been busy with security matters hence the decision to send Eliud Lagat, the Deputy Inspector General (DIG) of the Police for the Kenya Police Service.
“Masengeli has not refused to appear in court. As we speak today, there is no work that will prevent him from going to court, and he will appear today,” he said.
Omari said everyone must obey the law in the context of what has transpired in this saga involving the acting IG.
Sending DIG
He stated that human rights activists went to court on their own, and returned alone a second time, where they obtained an order to summon the IG.
According to Omari, it was on the third instance, that the IG was required to appear in court, but he sent his principal assistant instead.
The lawyer said Masengeli is legally allowed to send the DIG since IG’s office was the one sued, but the court dismissed them.
“The Constitution allows him to send his deputy, but it was argued that the name “Masengeli” was needed, not the office,” Omari said.
Also Read: Court Responds to Masengeli’s Request for Suspension of His Sentence
Why He Missed Court Sessions
He emphasized that Masengeli was attending to a security task in the North Eastern region, and he sent the DIG.
Omari criticized the decision to sentence the acting IG arguing that the DIG Lagat and the legal were in a good position to provide the information the court needed.
“What the court wanted was information on the whereabouts of the missing people, but DIG Langa’t and we, the lawyers, were not allowed to give an explanation,” he said.
Also Read: No One Can Tell Police IG Whom to Protect, Masengeli Responds to Koome
He urged Kenyans to understand that the NPS which was involved in the Gen Z protests was the General Service Unit, which is commanded by DIG Lagat.
Omari said the DIG was in court, but the judges didn’t allow him to explain himself.
He argued that the court ought to have listened and given the lawyers the chance to explain why Masengeli could not appear.
“Everyone has the right to explain such an absence, but Masengeli was not given that opportunity. If the court had allowed it, the DIG could have explained why he was unable to attend the court sessions,” Omari said.
Follow our WhatsApp Channel for real-time news updates!
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
