NAIROBI, Kenya – The Administration Police Deputy Inspector General (DIG), Gilbert Masengeli, received a major reprieve after the High Court set aside both his conviction and six-month jail sentence for contempt of court.
The charges stemmed from a case related to the disappearance of three Kenyans, an incident that had put Masengeli in legal jeopardy.
Appearing before Justice Lawrence Mugambi on Friday, Masengeli tendered a formal apology to the Judiciary for what was perceived as a blatant disregard for court orders.
The former Acting Police Inspector General cited operational challenges, including his involvement in critical security missions in Northern Kenya and the Coast, as reasons for his failure to attend prior court hearings.
Through his legal team, Masengeli requested permission to take the stand and adopt an earlier affidavit in which he admitted to missing hearings due to his security obligations.
Though this request faced stiff opposition from petitioners led by former Law Society of Kenya (LSK) President Nelson Havi, Justice Mugambi allowed Masengeli to present his case.
“The contemnor having availed himself before the court within the stipulated time, I would be going against my own orders if I denied him an audience,” remarked Justice Mugambi. “This court must act fairly toward all parties that appear before it.”
Masengeli, upon taking the stand, expressed remorse, stating that his failure to comply with court orders was not willful.
He emphasized that his duties as a police officer often took precedence, but he did not intend to disrespect the court.
“I apologize to the lordship and the Judiciary for the events that led to this. It is my duty to enforce court orders, and I deeply regret the circumstances that unfolded,” he stated.
After hearing from both sides, the court took a brief adjournment to allow Justice Mugambi to deliberate on his ruling.
Upon resumption, the judge noted Masengeli’s contrition, highlighting that the Deputy IG’s physical presence in court restored the dignity and authority of the judiciary.
“His demeanor was calm, and his answers were sincere. Masengeli’s apology and acknowledgment of his errors demonstrated genuine remorse,” said Justice Mugambi.
He further acknowledged that the three missing Kenyans – Bob Njagi, Jamil Longton, and Asmil Longton – had since been found alive, which contributed to his decision to vacate the sentence.
In conclusion, Justice Mugambi announced his decision to recuse himself from the case, citing personal reasons, and directed that the matter be assigned to another judge.
The charges stemmed from a case related to the disappearance of three Kenyans, an incident that had put Masengeli in legal jeopardy.
Appearing before Justice Lawrence Mugambi on Friday, Masengeli tendered a formal apology to the Judiciary for what was perceived as a blatant disregard for court orders.
The former Acting Police Inspector General cited operational challenges, including his involvement in critical security missions in Northern Kenya and the Coast, as reasons for his failure to attend prior court hearings.
Through his legal team, Masengeli requested permission to take the stand and adopt an earlier affidavit in which he admitted to missing hearings due to his security obligations.
Though this request faced stiff opposition from petitioners led by former Law Society of Kenya (LSK) President Nelson Havi, Justice Mugambi allowed Masengeli to present his case.
“The contemnor having availed himself before the court within the stipulated time, I would be going against my own orders if I denied him an audience,” remarked Justice Mugambi. “This court must act fairly toward all parties that appear before it.”
Masengeli, upon taking the stand, expressed remorse, stating that his failure to comply with court orders was not willful.
He emphasized that his duties as a police officer often took precedence, but he did not intend to disrespect the court.
“I apologize to the lordship and the Judiciary for the events that led to this. It is my duty to enforce court orders, and I deeply regret the circumstances that unfolded,” he stated.
After hearing from both sides, the court took a brief adjournment to allow Justice Mugambi to deliberate on his ruling.
Upon resumption, the judge noted Masengeli’s contrition, highlighting that the Deputy IG’s physical presence in court restored the dignity and authority of the judiciary.
“His demeanor was calm, and his answers were sincere. Masengeli’s apology and acknowledgment of his errors demonstrated genuine remorse,” said Justice Mugambi.
He further acknowledged that the three missing Kenyans – Bob Njagi, Jamil Longton, and Asmil Longton – had since been found alive, which contributed to his decision to vacate the sentence.
In conclusion, Justice Mugambi announced his decision to recuse himself from the case, citing personal reasons, and directed that the matter be assigned to another judge.
