Acting Inspector General of Police Gilbert Masengeli has been convicted of contempt of court by Justice Lawrence Mugambi. The conviction follows Masengeli’s failure to honor a court summons, a development that has sparked a significant legal and political controversy.
On Monday, Justice Mugambi delivered the verdict, stating unequivocally that public officers, including the acting IG, are expected to adhere to the constitution. “It is the responsibility of the court to restore public confidence with the courts,” Justice Mugambi said. “The IG may be removed from office if proven that he undermines the constitution. The conduct of the first respondent has held this court at ransom.”
Masengeli’s absence from court was defended by state counsel, who claimed that the acting IG was engaged in operational activities in Wajir and thus could not be present for the hearing. This explanation, however, did not sit well with the court or the petitioners.
Counsel Wanjiku Mwangi, representing Masengeli, requested an extension for his appearance, citing his official duties in Mombasa. Despite these claims, the petitioners, led by lawyer Nelson Havi, challenged the legitimacy of Masengeli’s absence. Havi argued that Masengeli’s defiance of the court summons was indicative of a deeper disregard for judicial authority.
The petitioners, through Havi, have called for severe consequences, including Masengeli’s removal from office. “At the end of this, we will ask the court to do two fundamental things; to convict the acting IG for contempt of court and to sentence him to the highest permissible legal consequence,” Havi stated. “We want Gilbert Masengeli not to hold public office because it is not his personal property. Masengeli was attending a concert. In Kenya, a concert is treated as a matter of national importance. How shameful!”
The controversy surrounding Masengeli’s conduct is further exacerbated by accusations that he was engaged in leisure activities, such as attending a concert, instead of complying with court orders. Law Society of Kenya (LSK) President Faith Odhiambo echoed Havi’s sentiments, expressing disapproval of Masengeli’s reasons for his absence. “The acting IG was at the coast last week taking pictures and having a tete-a-tete instead of obeying court orders,” Odhiambo said.
Masengeli’s failure to appear in court relates to his obligation to explain the whereabouts of three individuals: Jamil Longton, his brother Aslam Longton, and activist Bob Njagi. These individuals were reportedly abducted by people believed to be police officers on August 19, 2024, amidst the Gen Z protests. The case has drawn significant attention, with concerns that the acting IG’s non-compliance could undermine public trust in law enforcement and the judicial system.
The sentencing for Masengeli is scheduled for Friday, and it remains to be seen what legal repercussions he will face. The case underscores the tension between law enforcement officials and the judiciary, highlighting the critical importance of accountability and adherence to legal processes within public office.
As the legal proceedings continue, the public and various stakeholders will be watching closely to see how the judiciary handles this high-profile case and whether it will serve as a precedent for similar situations in the future.
