• The action by the acting police boss could embolden rogue cops to practice impunity.
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The International Commission of Jurists has warned Acting Inspector General of Police Gilbert Masengeli that his conduct could trigger more cases of impunity and police brutality in the country.
Masengeli has come under fire for snubbing court orders, a trend the lobby termed a blatant disregard of the law.
ICJ Kenyan section chairman Protus Saende said Masengeli's conduct should not be viewed in isolation as it sends a message to individual police officers that they can get away with impunity.
For the seventh time, Masengeli failed to appear in court to explain the whereabouts of Jamil Longton Hashim, his brother Aslam Longton, and activist Bob Michemi Njagi who were abducted on August 19 in the heat of anti-government protests in Kitengela.
The lobby said police officers behind enforced disappearances could feel emboldened by Masengeli's conduct.
“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,” he said.
“Such actions amount to a direct attempt to intimidate the judiciary and obstruct justice. This behaviour 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 lobby alleged that police officers engaged in acts of intimidation against Judge Lawrence Mugambi by making persistent phone calls to his bodyguard and driver.
The High Court has found Masengeli guilty of disobeying court orders. Justice Lawrence Mugambi said impunity and open defiance cannot be allowed and those hell-bent won't find refuge.
“This repeated failure to honour 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,” the ICJ chairman said 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 offence, punishable by fines or imprisonment.”
The Contempt of Court Act and the Judicature Act empower the courts to enforce orders to protect their authority and integrity by punishing any person or entity that disobeys or disregards court orders.
The continued defiance of court orders by the Acting IG undermines the National Police Service’s role in upholding the rule of law and betrays the public trust, he said.
The appearance of the Attorney General in court without the Acting IG constitutes 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 need to comply with court orders. We further condemn the ongoing abductions of individuals by security forces, which constitute a gross violation of human rights.”