The application by Acting Inspector General of Police Gilbert Masengeli to appeal against his six-month sentencing has been declined by the court.
A three-judge bench consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir rejected the request by Masengeli’s legal team on Wednesday, September 18.
Further, the application has been consolidated with an application that had been made by the Attorney General.
Consequently, the court has directed that the matter be fixed for hearing next week.
“We feel it’s a reasonable request. They have two days within which to file their responses. Both applications will [be] heard together next week,” the bench said.
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.
Also Read: Masengeli Surfaces After Being Sentenced
LSK Makes it Case Over the Masengeli Case
At the same time, the Law Society of Kenya (LSK) pleaded with the Court for more time, stating that it is not yet ready.
LSK asked to be granted one day to file further submissions in response to Masengeli’s application.
The Court granted LSK two days to file additional written submissions of their arguments. The President of Court of Appeal is expected to issue direction on the new hearing date.
Also Read: No One Can Tell Police IG Whom to Protect, Masengeli Responds to Koome
Masengeli’s Argument to Court
The acting IG in his appeal, asked the High Court to suspend the sentence made by Justice Mugambi, pending determination of the matter.
Masengeli also argued 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,” Masengeli’s lawyers told court.
Justice Mugambi handed Masengeli a six-month sentence for his persistent failure to respond to court summons concerning the abduction of three people in Kitengela.
Mugambi ordered him 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.
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