Relief for Masengeli as High Court drops his conviction, six-month jail sentence

Administration Police Deputy Inspector General Gilbert Masengeli can now breathe a sigh of relief after the High Court set aside both his conviction and subsequent 6-month jail sentence for contempt in a case related to the disappearance of three Kenyans.

This came after Masengeli appeared before Justice Lawrence Mugambi on Friday morning and tendered an apology to the Judiciary for his perceived disregard of court orders, in the case.

The former Acting Police Inspector General, through his advocates, had requested the court to allow him to take to the stands and adopt an earlier affidavit in which he had admitted to missing court hearings citing operational challenges, including his involvement in security operations in Northern Kenya as well as the Coast region, as the primary reasons for his absence.

The prayer was however opposed by the petitioners, led by former Law Society of Kenya (LSK) President Nelson Havi, but Justice Mugambi nevertheless allowed Masengeli to take the stand and be cross-examined by both parties involved in the case.

“The contemnor having availed himself before the court before the lapse of the 7 days, I would be going against my own orders if I deny him audience as urged by the LSK. This is a court of justice and must act fairly towards those that appear before it,” stated the judge.

“Mr. Masengeli is entitled to be heard by virtue of this court order. This court is not functus officio either as the sentence was not purely punitive but coercive, laced with purge conditions that the court reserved to consider before the sentence becomes effectively. I will thus allow Mr. Masengeli to take to the stand and redeem himself.”

The Deputy IG, upon taking oath, went ahead to plead for the court’s forgiveness for his actions, praying for his conviction and sentence to be expunged as the contempt was not intentional but rather necessitated by security duties.

“I would like to apologise to the lordship and the Judiciary for the events that have transpired, leading to the orders of this court. As a police officer, it is my duty to impose court orders, and ensure that court orders are obeyed. I pray that you accept my apology, vacate the conviction and sentence,” he stated.

The court session then proceeded on a less than two-hour adjournment, during which Justice Mugambi retreated to write his ruling on the matter.

According to the judge, Masengeli appeared remorseful for his actions, as demonstration by both his demeanor and remarks under oath.

Mugambi also stated that Masengeli’s mere physical presence in the court had restored the dignity and authority of the justice system that had seemingly been trampled on by his continuous contempt.

“He was cross-examined by advocates of the petitioners, and my observation is that his answers appeared genuine. He was calm and polite. To crown it all, he pleaded with the court, stating that if he had been wrong or made an error of judgment in prioritizing other duties over the court summons, he sought forgiveness and mercy from the court,” stated the judge.

“This court is convinced that Mr. Masengeli regrets and is genuinely remorseful for the situation he finds himself in. It is not the intention of this court to punish a genuinely repentant man who has acknowledged his mistakes and tendered an apology.”

He added: “His conduct today has restored the dignity of the courts and the due administration of justice, by attending court and explaining the circumstances that caused him not to comply and offering an apology for any errors of judgment he might have made. His undertaking to obey and enforce orders of court came out strongly.”

Justice Mugambi also noted that the three Kenyans whose disappearance had occasioned the matter – Bob Njagi, Jamil Longton, and Asmil Longton – had since been found alive and well.

He went on to conclude by recusing himself from the case, directing that it be allocated to another judge.

“I am happy to note from the LSK that the three Kenyans, the subject of this petition, have been found. Having said so, and considering everything else, I am making my decision to recuse myself from the further proceedings of this case for personal reasons. I will thus be directing that this file be placed before the Presiding Judge for allocation to another judge,” he stated.