High Court Judge Lawrence Mugambi has set aside both the conviction and six-month jail sentence imposed on Deputy Police IG Gilbert Masengeli.
Justice Lawrence Mugambi said he was convinced that Masengeli regrets his actions after the apology he tendered to court to purge the contempt.
He said the intention of the court was not to punish Masengeli but to ensure that the sentence restores dignity to the court.
"In my observation, his apology appeared genuine. He was calm and polite. His conduct has restored the dignity of the court and administration of justice," Mugambi said.
To exonerate himself, Masengeli gave an account on oath on why he couldn't appear in court the seven times he had been summoned.
He said he was torn between issues of delicate national security and his obligation to attend court.
But what impressed the court was his genuine apology, in which he stated "I respect you and all your courts for the good work you do to uphold the rule of law. As a police officer, it is my duty to enforce court orders and ensure they are obeyed. I am deeply sorry."
Law Society of Kenya Vice President Mwaura Kabata said it is important that those in public office comply with the constitution especially Chapter Six on leadership and integrity.
His prayer, however, was that the court holds the bull by the horns and gives a finding that will serve as a lesson to any person who's legally mandated to discharge a public function.
However, Mugambi said he was satisfied with the explanation given by Masengeli.
He subsequently recused himself from the case and referred the matter to the Chief Justice to constitute a bench to hear the case following a further application made by the Law Society of kenya.
