The courtroom erupted into a brief but fiery altercation on Friday, September 20, as Attorney General Dorcas Oduor and Law Society of Kenya (LSK) lawyer Nelson Havi clashed during the hearing of a high-stakes case involving Deputy Inspector General (IG) Gilbert Masengeli. The case has garnered public attention following Masengeli’s contempt of court charge, leading to his sentencing to six months in jail by Justice Lawrence Mugambi.
The case, revolving around the controversial disappearance of three Kitengela men, had brought Masengeli under scrutiny after he was summoned to court to explain the police’s role in the case. The missing individuals, Jamil Longton (42), his brother Aslam Longton (36), and activist Bob Njagi, have since resurfaced, but the details surrounding their disappearance remain murky, fueling the ongoing legal proceedings.
Heated Exchange
Tempers flared in the courtroom when AG Oduor stood up during the session, challenging Havi on his demeanor. “You must respect people!” Oduor retorted sharply when Havi attempted to assert control over the proceedings, prompting a verbal confrontation that disrupted the court for several minutes. Havi, in response, shot back, stating, “Respect is earned.”
The situation escalated when Havi demanded Oduor sit down, exclaiming, “Sit down!” The terse exchange left many in the courtroom visibly tense. Oduor, however, stood her ground, continuing to emphasize the importance of mutual respect in the courtroom. “We are all adults, why don’t you go out and listen to the press? It is so wrong, why do you behave like that?” she posed, visibly agitated.
The altercation prompted National Assembly Majority Leader Sylvanus Osoro, who was part of the legal team, to step in, attempting to deescalate the situation. His intervention, however, did little to douse the heated atmosphere that had briefly taken hold of the proceedings.
The Masengeli Case
At the heart of the dispute is Deputy IG Masengeli, who had been summoned to explain the police’s involvement in the mysterious disappearance of the three men. Initially, Masengeli had defied the court’s summons, which led Justice Mugambi to commit him to six months in prison for contempt of court. This defiance was seen as a direct challenge to judicial authority, a move that exacerbated tensions between the police force and the judiciary.
However, on Thursday, Masengeli made a significant U-turn, signaling his willingness to appear before the court. He was accompanied by Kenya Police Service officer Eliud Lagat during his Friday court appearance. Representing Masengeli were lawyers Cecil Miller and Steve Ogolla, who argued against the harsh sentencing, insisting that the Deputy IG had intended to comply with the court’s orders.
The reappearance of the three missing Kitengela men has added a new layer of complexity to the case. While their return has alleviated some public fears, it has done little to address the lingering questions about the circumstances of their disappearance and the possible role of law enforcement in the matter. For the court, this raised issues of accountability and transparency within the police service, further intensifying the pressure on Masengeli to provide answers.
The Wider Implications
The altercation between Oduor and Havi reflects the heightened tensions in the case, which has become emblematic of the broader challenges between Kenya’s law enforcement agencies and the judicial system. Public trust in both institutions has been significantly tested in recent months, as high-profile cases involving missing persons, police conduct, and allegations of impunity have dominated the headlines.
For many observers, the courtroom clash between two of Kenya’s prominent legal figures is a reminder of the personal and professional stakes involved in the case. As AG Oduor and Havi locked horns, it was evident that the battle for respect, both personal and institutional, was as much a part of the proceedings as the legal arguments themselves.
Masengeli’s fate now hangs in the balance as the court deliberates on the contempt charge and the broader implications of his actions. With the reappearance of the missing men, the court is expected to probe deeper into the role of the police, potentially setting a precedent for how law enforcement officials are held accountable for their actions in cases involving human rights and due process.
As the case unfolds, the legal community and the public at large will be watching closely, not just for the outcome but for the broader message it sends about the rule of law and the balance of power between Kenya’s legal and security institutions.
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