Acting IGP, Gilbert Masengeli, convicted of contempt of court

Judge Lawrence Mugambi has convicted the acting Inspector General of Police, Gilbert Masengeli, of contempt of court. The judgment emphasised the non-delegable nature of criminal proceedings.

Judge Mugambi condemned the actions of the Inspector General, stating that Masengeli, as a public servant, had undermined both the supremacy of the Constitution and the rule of law through his conduct.

The case took a dramatic turn when Judge Mugambi revealed that there had been an attempt to influence the proceedings.

He stated that an official from the Attorney General’s Office had contacted his bodyguard over the weekend to inquire about his whereabouts, which the judge interpreted as an inappropriate attempt to influence the court.

Judge Mugambi then summoned police officer Lazarus Opicho, who is believed to be responsible for the phone call, and ordered Opicho to appear in court on Friday, September 13.

While allowing Deputy Inspector General (DIG) Eliud Lagat to represent the IG in the Kitengela 3 habeas corpus case, Justice Mugambi clarified that the contempt of court charge could not be delegated.

The applicants, represented by Faith Odhiambo, President of the Law Society of Kenya (LSK), argued that as a frequent visitor to court through his officers of the Directorate of Criminal Investigations (DCI), Masengeli should set a good example and respect court orders and the Constitution.

They demanded that the IG be sentenced to a maximum term of imprisonment of six months or a fine, with the fine to be deducted from his salary.

On the other hand, the defendant’s legal team led by Attorney Charles Mutinda defended Masengeli’s actions on the grounds that he was busy with a series of security meetings and was currently in Lamu.

The defense argued that the IG was willing to comply with the court orders and sent his deputy to represent him.

However, the plaintiffs refuted this explanation, pointing out that Masengeli had been seen attending social events and concerts and that evidence of this had been posted on social media, which cast doubt on the defense’s claims.