Deputy Inspector General of Administration Police Service Gilbert Masengeli breathed a sigh of relief after the High Court set aside both his conviction and subsequent six month jail sentence for contempt in a case related to the disappearance of three Kenyans.
This came after Masengeli appeared before Justice Lawrence Mugambi on Friday morning and apologized to the Judiciary for his perceived disregard of court orders, in the case.
The former Acting Police Inspector General, through his advocates, had requested the court to allow him to take to the stands and adopt an earlier affidavit in which he had admitted to missing court hearings citing operational challenges, including his involvement in security operations in Northern Kenya as well as the Coast region, as the primary reasons for his absence.
The prayer was however opposed by the petitioners, led by former Law Society of Kenya (LSK) President Nelson Havi.
Justice Mugambi nevertheless allowed Masengeli to take the stand and be cross-examined by both parties involved in the case.
Justice Mugambi said he was convinced that Masengeli regrets his actions after the apology he tendered to court to purge the contempt.
He said the intention of the court was not to punish Masengeli but to ensure that the sentence retires dignity of the court.
“In my observation, his apology appeared genuine. He was calm and polite. His conduct has had restored dignity of the court and administration of justice,” said Mugambi.
To exonerate himself, Masengeli gave an account on oath on why he couldn’t appear in court the seven times he had been summoned.
“I would like to apologise to the lordship and the Judiciary for the events that have transpired, leading to the orders of this court. As a police officer, it is my duty to impose court orders, and ensure that court orders are obeyed. I pray that you accept my apology, vacate the conviction and sentence,” he stated.
He said he was torn between issues of delicate national security and his obligation to attend court.
But what impressed the court was his genuine apology in which he stated “I respect you and all your courts for the good work you do to uphold the rule of law. As a police officer it is my duty to enforce court orders and ensure they are obeyed. I am deeply sorry,” he said.
Law Society of Kenya Vice President Mwaura Kabata said it is important that those in public office comply with the constitution especially chapter six on leadership and integrity.
His prayer however was that the court holds the bull by the horns and gives a finding that will serve as a lesson to any person that’s legally mandated to discharge a public function.
But Mugambi said he is satisfied with the explanation given by Masengeli.
He subsequently recused himself from the case and referred the matter to the CJ to constitute a bench to hear the case following a further application made by the LSK.
Justice Mugambi also noted that the three Kenyans whose disappearance had occasioned the matter – Bob Njagi, Jamil Longton, and Aslam Longton had since been found alive.
He went on to conclude by recusing himself from the case, directing that it be allocated to another judge.
Masengeli was in trouble over failure to appear in court to explain the whereabouts of three men who had been missing.
The families of activist Bob Njagi and brothers Jamil and Aslam Longton, who went missing on August 19 had with LSK and other parties moved to court seeking their production.
The three men were freed by their captors on Friday September 20 morning in Gachie and Thogoto areas in Kiambu County hours to the appearance of Masengeli in court.
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