- Advocates Cecil Miller and Steve Ogolla filed the application on September 16 urging the court to hear them before Friday (tomorrow).
- Masengeli was found guilty of contempt of court by Justice Lawrence Mugambi and subsequently sentenced to a six-month jail term.
Image: The Star
The high court is this morning expected to hear an application by Acting IG Gilbert Masengeli who is seeking to suspend the implementation of the six-month jail sentence pending appeal.
Advocates Cecil Miller and Steve Ogolla filed the application on September 16 urging the court to hear them before Friday (tomorrow) when the sentence is expected to take effect.
Masengeli was found to be in contempt of court by Justice Lawrence Mugambi and subsequently sentenced to a six-month jail term.
The proceedings stem from an application filed by the Law Society of Kenya which sought to have the IG produce three young men who went missing in Kitengela last month.
Their whereabouts remain unknown.
Masengeli through Advocate Cecil Miller and Steve Ogolla has since appealed the decision of Mugambi and a hearing is set for next week.
Today, they are back at the High Court after filing an application on September 16 urging the court to hear them before Friday(tomorrow) when the sentence is expected to take effect.
They seek to suspend the implementation of the jail sentence.
"Our client is genuinely apprehensive that unless the court admits the instant application for hearing within the seven-day grace period, the orders sought in this application will be useless and the term of the custodial sentence shall commence," they state.
Masengeli maintains that he was condemned unheard.
He says Judge Lawrence Mugambi ignored his affidavit dated September 4 in which he stated that the three young men are not in police custody.
He explains that Investigations were underway to establish their whereabouts.
He says the affidavit was evidence enough to explain the failure to produce the three missing Kenyans.
Separately, the hearing of Yassin Moyo's murder case proceeds with his mother expected to testify today.
Their neighbour Ake Wako was the first to testify on Tuesday afternoon before his two sisters rendered their tearful testimonies on Wednesday.
The three witnesses all recounted the happenings of the minutes past 7pm just before Yassin was shot.
His mother Hadija Hussein is expected to testify before trial judge Lillian Mutende from about noon.
The state has lined up some 19 witnesses in the case where police officer Duncan Ndiema was charged with the murder.
Ndiema pleaded not guilty to the offence and is out on a Sh1 million cash bail.
At the magistrates' court, a new magistrate is set to give fresh directions in former Migori Governor Okoth Obado's graft case.