High Court overturns IG Masengeli's conviction following apology plea

Nairobi, 

Friday, 20 September, 2024 

McCreadie Andias 

The High Court has overturned the Conviction of Deputy Inspector General of Police, Gilbert Masengeli after he plead for pardon and apologised for failure to comply with court summons. 

Masengeli is now aquitted and will not face the 6-month jail sentence on him. 

Justice Mugambi has accepted Masengeli's apology saying that the court's aim was to uphold it's integrity, not just to punish. 

Mugambi says that he is recusing himself from the case for personal reasons. 

Earlier, the court had only Suspended Masengeli's six-month jail term for seven days, to give him an opportunity to redeem himself in court after he apologized for ignoring seven court summons.

Masengeli apologised to Justice Lawrence Mugambi for snubbing the summons, saying he respects the Judiciary and the judge, the DIG further noted that he was on official duty at the time but had sent someone to represent him.

"I apologize to the court for the events that have transpired leading to the orders of this court. My lord, I respect you for the good work that you do to uphold the rule of law. I pray that this court accepts my apology" Masengeli stated. 

Masengeli was accompanied by Attorney General Dorcas Oduor who was leading the state defense as he sought to beat the deadline for his suspended jail sentence.

AG Odour, while defending Masengeli, claimed that the DIG failed the court summons because of pressing security engagements that necessitated his presence outside Nairobi.

"It has been wildly but incorrectly alleged that the summonses issued by the court were ignored or defied by Gilbert Masengeli as an act of arrogance. This is far from the truth as every time his attendance was required, he was disabled from so doing by pressing exigencies of duty out of Nairobi," said Odour while explaining Masengeli's failure to attend court sessions.

LSK questioned Masengeli's capacity to hold office following the recent developments" Do you think you are above the law? Do you think your conduct allows you to continue to hold public office? "LSK. 

" No. I’m not above the law. I can hold public office, I'm here obeying the court order. "Masengeli responded. 

Masengeli was on September 13, handed a six-term jail for contempt of court where he had been summoned to personally explain the whereabouts of three political activists alleged to be abducted in Kitengela.

However, the three have been found in Kiambu on Friday morning as confirmed by LSK President Faith Adhiambo. 

“I am informed that Jamil Longton and his brother Aslam were dumped at Gachie border of Kiambu and Nairobi by their captors,” Las Society of Kenya (LSK) President Faith Odhiambo announced.

“Every prayer and intervention made a difference. We thank God that they are safe!” she said.