Over the past few years, several notable leaders from various sectors have been found on the wrong side of the law raising questions about whether the law applies only to specific groups of people and those in power.
Acting Inspector General (IG) of police, Gilbert Masengeli, is the latest senior government official to disobey a court order.
On August 28, High Court Judge Justice Lawrence Mugambi directed that Masengeli, DPP, AG, and National Intelligence Service immediately reveal the whereabouts of the missing brothers from Kitengela namely, Bob Micheni, Jamil Longton, and Aslam Longton to the Law Society of Kenya (LSK), which had filed the case in court.
It is alleged that the three men were abducted on August 19, 2024, by people believed to be police officers.
However, despite Mugambi ordering Masengeli to appear in person on the 2nd of September 2024 to explain the disappearance of the three, he failed to show up.
In addition, Judge Mugambi gave him another chance to appear in court on Thursday 4th of September, but Masengeli was no show again.
As such, the court is expected to decide whether to issue a warrant for his arrest.
Also read: Police IG Slapped with Ultimatum Over Missing Brothers
Former IG Joseph Boinnet
Another senior government official who has found himself on the wrong side of the law is former Inspector General (IG) Joseph Boinnet.
Boinnet, along with former Interior Cabinet Secretary (CS) Fred Matiang’i, were found guilty of contempt of court for failing to comply with orders regarding the release of lawyer Miguna Miguna, who had been held incommunicado since his arrest.
In a 2018 ruling, Justice George Odunga directed Boinnet and Matiang’i to appear before the court for sentencing and ordered the unconditional release of Miguna.
Miguna had been arrested at his Runda home for allegedly aiding the swearing-in of former NASA leader Raila Odinga as ‘The People’s President’ at Uhuru Park.
As a result, Boinnet and Matiang’i were sentenced to six months in jail or a fine of Ksh200,000.
However, they failed to respect the ruling. Following Miguna’s deportation, he took legal action against Matiang’i for alleged mistreatment and forced deportation in 2018.
Other Leaders who have disregarded court orders
Abdulswamad Shariff Nasir
In another instance, the High Court in Mombasa issued warrants of arrest against Mombasa Governor Abdulswamad Nassir, Chief Executive Officer Lands Mohammed Hussein Mohamed, and County Attorney Jimmy Waliaula.
The three were found to be in contempt of court in a multi-billion land suit property that houses Innovative Property Limited.
The company is involved in a multi-billion land tussle with Mombasa County where the dispute revolves around a 0.2641-hectare property along Abdel Nassir Road in Mombasa, which Innovative Properties Limited claims to own.
A court order was issued in January 2021 by the Land and Environment Court in Mombasa which declared that the land rightfully belonged to Innovative Properties Limited, however, the county government failed to vacate the property.
Also read: Gilbert Masengeli: Illustrious Career of Newly Appointed Police Boss
As such the Mombasa High Court judge Lucas Naikuni issued orders compelling Hussein, Nassir, and Waliaula to show up in court in April 2024 to explain why they should not be held in civil jail for six months due to their failure to comply with a court order.
However, the judge suspended their warrant of arrest having learned that the County Government had plans to hold talks with Innovative Properties Limited on May 2 and further directed to be informed about the progress of the meeting on May 10, 2024.
Despite the court ruling, Nasir vowed not to bow to any pressure arguing that he would protect what he considers to be public land.
Governor Susan Kihika
Nakuru Governor Susan Kihika is also among those leaders who have been found guilty of contempt of court following her appointment of ten County Executive Committee Members (CECs).
The court’s decision came after it was alleged that the governor had ignored its directive on December 8, 2022.
It is reported that the governor ignored the court’s directive and went ahead to use the same list of appointments that the court had rejected.
“The court rules that the new list is presumably the same as the old one, save for one name. It is clear that the governor disobeyed court orders,” highlighted Wasilwa.
Justice Hellen Wasilwa found Kihika culpable of wrongdoing after the court substantiated that the appointment of the CECs was unconstitutional.
A petition filed by a Nakuru resident Benjamin Gikenyi argued that the appointment of those members did not reflect the ethnic and cultural diversity of the cosmopolitan county because it had seven appointees from one ethnic community, two from another, and one from a third community.
As such the lady Justice ordered the county boss to appear in court on April 18 to explain her actions before being sentenced to six months in prison or a fine of Sh200,000.
However, Kihika got a reprieve after the Court of Appeal suspended her sentencing by the Nakuru court over contempt of court.
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