- Masengeli was on Friday last week ordered to serve six months in prison after being found guilty of contempt of court
- Justice Lawrence Mugambi directed that he submit himself to the commissioner general of prisons
Image: LEAH MUKANGAI
Acting Inspector General of Police Gilbert Masengeli has claimed he was unfairly targeted and that the court overstepped its bounds by sentencing him unheard.
Masengeli was on Friday last week ordered to serve six months in prison after being found guilty of contempt of court.
Justice Lawrence Mugambi directed that he submit himself to the commissioner general of prisons.
Alternatively, the judge directed that the IG appears in person to answer to the "issues that he has been avoiding".
Masengeli was required to appear in court to explain the circumstances surrounding the disappearance of three people in Kitengela.
Mugambi gave him a seven-day grace period within which the acting IG could avoid serving the sentence.
"The acting Inspector General Masengeli can redeem himself by availing himself before this court in person to answer to the issues which he has been avoiding failure to do so the sentence will take effect," the judge had said.
The IG had snubbed the summons seven times, citing different reasons.
In one instance, Masengeli had indicated he would not be able to appear on grounds that he was attending a workshop and dealing with security issues in Mombasa and Wajir respectively.
On a different occasion, he asked the court to give him another chance and appear last week Monday, but he still did not show up.
He later sent Deputy IG Eliud Lagat, urging the court to bear with his 'busy schedule'.
This did not go well with the judge, who said the IG had "casually treated every possible opportunity accorded to him by this court".
Deliberate defiance of court orders breed impunity, particularly when done by those entrusted with public power, Mugambi said.
"As a court I wouldn't want to be unfair to anyone. I've done more than I could to accommodate him. I gave him more than fair chances. I even accommodated him on the last day," the judge had said.
With one stroke of his pen, the judge did what the Law Society was asking for - sentencing the acting IG.
Masengeli, who has since moved to the Court of Appeal, is seeking to suspend his conviction and sentencing, saying he was condemned unheard.
The IG said a decision was made by the courts in the absence of any formal application for contempt.
Through advocate Steve Ogolla, Masengeli said the judge "made a mistake" by holding that he cannot send representatives to explain why the order requiring the production of the missing persons had not been complied with.
The judge's summons did not require his personal attendance, the IG said, citing Order 9 of the civil procedure rules (2010) which provides that any appearance in court may be done by his advocates or recognised agents.
He faulted the judge for disregarding his replying affidavit to the case, which he says provided evidence that the missing Kenyans were not in police custody.
The IG has also accused Mugambi of bias.
"He set and applied different standards in analysing evidence produced by the appellant on the one hand and the respondents unsupported claims on the other," Masengeli said.
"It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis."
The application will be heard this morning at the Court of Appeal.