The International Commission of Jurists (ICJ) has issued a stern warning to Acting Inspector General of Police Gilbert Masengeli, cautioning that his actions could lead to increased cases of impunity and police brutality.
Masengeli has faced criticism for repeatedly ignoring court orders, which the ICJ has condemned as a blatant disregard for the law. Protus Saende, chairman of the ICJ Kenyan section, emphasized that Masengeli’s behavior could encourage individual police officers to act with impunity.
For the seventh time, Masengeli failed to appear in court to provide information on the whereabouts of Jamil Longton Hashim, his brother Aslam Longton, and activist Bob Michemi Njagi, who were abducted on August 19 during anti-government protests in Kitengela. The ICJ warned that this repeated non-compliance might embolden officers involved in enforced disappearances.
“When a senior government official, especially the Acting Inspector General of Police, chooses to disregard court orders, it sets a dangerous precedent, undermines the Judiciary, and erodes public trust in our justice system,” Saende said. “Such actions amount to a direct attempt to intimidate the judiciary and obstruct justice. This behavior is not only contemptuous but also an attack on judicial independence and a violation of the principles of separation of powers as enshrined in the constitution.”
The ICJ also alleged that police officers have been intimidating Judge Lawrence Mugambi by making persistent phone calls to his bodyguard and driver. The High Court has found Masengeli guilty of disobeying court orders, with Justice Lawrence Mugambi stating that impunity and open defiance cannot be tolerated and that those engaging in such behavior will not find refuge.
“This repeated failure to honor court orders, particularly an order of Habeas corpus, is a flagrant violation of the Constitution of Kenya, 2010, which guarantees the right to personal liberty and security under Article 29 and the right to access justice under Article 48,” Saende added in a statement. “The constitutional imperative for every state officer and institution, including the police, is to uphold the rule of law and adhere to the principles of accountability and transparency. Under Kenyan law, contempt of court is a serious offense, punishable by fines or imprisonment.”
The Contempt of Court Act and the Judicature Act grant the courts the authority to enforce their orders and uphold their integrity by punishing those who disobey or disregard court rulings.
The ICJ has pointed out that the Acting IG’s persistent defiance of court orders undermines the National Police Service’s role in upholding the rule of law and betrays public trust. They also noted that the presence of the Attorney General in court without the Acting IG represents a disservice to the administration of justice.
“The Attorney General, as the principal legal advisor to the government, is obligated to advise his client on the seriousness of contempt of court and the necessity to comply with court orders. We further condemn the ongoing abductions of individuals by security forces, which constitute a gross violation of human rights,” the ICJ said.
