Acting IG Masengeli racing against time to avoid jail term as appeal hearing postponed

Convicted Acting Inspector General of Police Gilbert Masengeli risks being jailed after his attempts to challenge his recent conviction suffered a setback when the Court of Appeal postponed the hearing to next week.

By Monday next week, Masengeli's six-month prison sentence kicks in unless he ceases his ongoing defiance, a stance he has maintained consistently despite not presenting himself before Justice Lawrence Mugambi.

Through advocates Cecil Miller and Steve Ogolla, Masengeli had filed an appeal under a certificate of urgency, arguing that Justice Mugambi had condemned him without granting a fair hearing. He similarly argued that sending representatives to court should have been sufficient.

However, the Court of Appeal did not offer him any reprieve, instead postponing the hearing and exposing the defiant acting police boss to imprisonment.

As tensions escalate between the National Police Service (NPS) and the Judiciary, President William Ruto weighed in on the matter, calling for a ceasefire between the two institutions.

“The National Police Service is an independent institution, and so is the Judiciary; but ultimately we have one master: the people of Kenya. I ask for more collaboration and working together,” Ruto said during the launch of the strategic framework for reforms in the National Police Service, Kenya Prisons Service, and the National Youth Service,

The President further urged the institutions to resolve their differences and work together harmoniously to serve the public effectively.

As the matter hangs over Masengeli's head, more petitions are being filed seeking to have him declared unfit to hold public office.

On Wednesday, Charles Mugane, an advocate of the High Court, filed a petition arguing that Masengeli is in blatant violation of Chapter 6 of the Kenyan Constitution and the Leadership and Integrity Act of 2012, rendering him unfit for public service.

Mugane contended that Masengeli's conviction for contempt of court - a serious offense against the administration of justice - makes his continued tenure a mockery of public service principles.

He emphasized that every day Masengeli remains in office following his conviction constitutes a "gross mutilation and dismemberment" of the Constitution he is sworn to uphold.