Acting IG Masengeli convicted of contempt, to be sentenced on Friday

While delivering the verdict on Monday, Justice Lawrence Mugambi said state officers entrusted with public offices like the acting IG must abide by the constitution.

"It is the responsibility of the court to restore public confidence with the courts. IG may be removed from office if proven that he undermines the constitution," Justice Mugambi said. 

"The conduct of the first respondent has held this court at ransom."

He will be sentenced on Friday. 

State counsel acting on his behalf told the court on Monday that the now-seemingly defiant acting IG is still engaged in operational activities in Wajir and cannot avail himself for grilling.

Masengeli's no-show comes despite his request that he be granted an extension for appearing on Monday as Counsel Wanjiku Mwangi said that he was on official duty in Mombasa.

The petitioners, through lawyer Nelson Havi, questioned how long the court will allow the acting IG to ignore court summons at his will and even send his deputy to appear on his behalf.

Havi proposed that due to his brazen defiance, Masengeli should be convicted and ousted from office.

"At the end of this, we will ask the court to do two fundamental things; to convict the acting IG for contempt of court and to sentence him to the highest permissible legal consequence," he said.

"We want Gilbert Masengeli not to hold public office because it is not his personal property. Masengeli was attending a concert. In Kenya, a concert is treated as a matter of national importance. How shameful!"

Law Society of Kenya (LSK) president Faith Odhiambo echoed Havi's sentiments, adding that the reasons behind Masengeli's absence from court do not hold water.

"The acting IG was at the coast last week taking pictures and having a tete-a-tete instead of obeying court orders," she said.

Masengeli is expected to explain the whereabouts of three individuals: Jamil Longton, his brother Aslam Longton, and activist Bob Njagi, who were reportedly abducted by individuals believed to be police officers on August 19, 2024, amid the Gen Z protests.