Acting Inspector General of Police Gilbert Masengeli is facing a potential jail sentence of up to six months for ignoring court summons. High Court Judge Lawrence Mugambi found Masengeli in contempt of court after he repeatedly failed to appear in court to explain the whereabouts of three individuals believed to have been abducted by police during the nationwide protests by Gen Z against the controversial Finance Bill 2024 in July.
Masengeli had been ordered to appear in person before Justice Mugambi at 10 a.m. yesterday but was absent, leading the judge to declare him guilty of willful disobedience, which undermines the administration of justice. Instead, Masengeli sent his deputy, Eliud Lagat, to represent him.
The judge warned that it is the court’s responsibility to hold individuals like Masengeli accountable, noting that failing to appear in court constitutes direct contempt. “I hereby find that Masengeli is guilty of contempt,” the judge ruled and scheduled the sentencing for Friday. “The IG has shown that he is busy or unbothered, and his actions demonstrate disobedience and undermine the authority of the court,” he stated.
The judge also summoned Lazarus Opicho, Commandant of the Security of Government Buildings/VIP Unit, to explain why he had contacted Masengeli’s bodyguard and driver to check on his whereabouts. “We need to know the reasons for such an inquiry from Opicho. I reserve the sentence and explanation until Friday when Opicho will appear in court,” the judge ruled.
The Law Society of Kenya (LSK) has called for Masengeli’s conviction and sentencing for contempt. Through its President, Faith Odhiambo, the LSK urged Justice Mugambi to hold Masengeli accountable for disobeying the court order.
Faith Odhiambo, President of the Law Society of Kenya (LSK), urged Justice Mugambi to sentence Acting Inspector General of Police Gilbert Masengeli to six months in Kamiti Maximum Prison and impose a fine to be deducted from his salary. She highlighted that yesterday’s court appearance was Masengeli’s sixth instance of failing to appear to explain the whereabouts of three individuals allegedly abducted by police in Kitengela, Kajiado County.
The missing persons include activist Bob Njagi and two brothers, Jamil Langton and Aslma Longton, who are alleged to have been arrested by police three weeks ago. Lawyer Nelson Havi condemned Masengeli for contempt of court orders, stating, “Convict the IG for contempt of court and sentence him to the highest permissible sentence.”
Havi emphasized that Masengeli, holding a public office, should be held to the highest standards of accountability. “Gilbert Masengeli has been given the right to be heard and he has refused; he must bear personal responsibility, so impose the heaviest consequences of six months and a fine to be deducted from his salary,” Havi urged the judge.
Masengeli’s lawyer, Charles Mutinda, argued that sending his deputy, Eliud Lagat, to court was in compliance with the court’s orders from last Thursday. Mutinda explained, “Masengeli is in an acting position. Last week he was in Lamu. He is not in Nairobi, and to demonstrate seriousness, he sent the Deputy Inspector General to appear in court.” He pleaded with the court to dismiss the application for Masengeli’s conviction.
Justice Mugambi had previously granted Masengeli an extension until yesterday to make himself available to the court.
Masengeli was scheduled to appear in court but did not show up, explaining that he was attending a security meeting in the Coast region and was thus unavailable. He requested permission to appear in court on the following day instead.
His lawyer, Wanjiku Mwangi, informed the court that Masengeli was in Mombasa for a national security workshop and sought the court’s indulgence to allow him to appear on Monday. Mwangi described the workshop as essential for the country’s security and a must-attend event.
Despite this, Justice Mugambi criticized Masengeli for failing to comply with previous court orders. He noted that the families of the missing individuals were left in uncertainty as the police had not provided any commitment to help them learn the fate of their loved ones.
Faith Odhiambo accused Masengeli of treating the court with contempt by ignoring the summons. “They are showing no intention to honor the orders of the court. The purported official duties are not more important than human lives,” she said. She expressed her shock that an officer meant to uphold the rule of law had instead violated it.
“It is open defiance of court orders from the IG. The respondents have altered the order and chosen when to obey it. A workshop is more important than the lives of three people,” Odhiambo told the court.
