Despite a six-month jail sentence hanging over him, Acting Inspector General of Police Gilbert Masengeli has continued to discharge his duties, raising questions about his compliance with the law.
High Court Judge Lawrence Mugambi, on Friday, September 13, 2024, sentenced Masengeli to six months imprisonment for contempt of cöurt.
The same day, just hours after the court’s ruling, Masengeli attended and officiated the closing ceremony of the Sub-County Police Commanders (SCPC) Course at the National Police Leadership Academy (NPLA) in Ngong.
This ceremony marked the end of a week-long leadership management course attended by 190 SCPCs, which followed a similar program for a previous cohort of 170 commanders.
Later in the day, Masengeli went on to perform a second major duty post-sentencing by visiting the NPS K9 Unit Headquarters in Lang’ata, Nairobi.
“Masengeli today, September 13, 2024, made an impromptu visit at the NPS K9 Unit Headquarters in Lang’ata, Nairobi. He was accompanied by DIG-KPS Mr. Eliud Lagat,” the National Police Service (NPS) announced.
Report to prison boss
Masengeli’s actions have sparked debate over whether he believes himself to be above the law, as he is supposed to be in prison in compliance with the court’s order.
Judge Lawrence Mugambi, when sentencing the acting Inspector General of Police, instructed him to surrender himself to the Commissioner General of Prisons to serve his sentence.
Furthermore, Judge Mugambi stated that should Masengeli fail to surrender, the Cabinet Secretary for Interior must ensure his commitment to prison.
Despite this clear directive, Masengeli did not appear in court for the sentencing; instead, his lawyer, Cecil Miller, was present on his behalf.
Judge Mugambi, on September 9, 2024, emphasized that Masengeli had failed to honour the court summons, describing his actions as willful disobedience that undermines the supreme law and administration of justice.
“It is the responsibility of the court to hold such into account, and failure to appear in court amounts to direct contempt,” the judge said.
“The IG has shown that he is busy or unbothered, and his actions show disobedience and undermine the Court.”
Missing activists
The acting Inspector General’s sentence was imposed after he failed seven times to appear in court to provide information on the disappearance of activist Robert Bob Njagi and brothers Jamil and Aslam Longton, who were abducted a month ago by individuals suspected to be police officers.
Throughout this period of non-compliance, Masengeli continued attending to his duties, even making time to attend the Mombasa ASK show.
This conduct prompted the Law Society of Kenya (LSK) to appeal to the presiding judge to enforce the court’s authority and punish Masengeli.
Cecil Miller, Masengeli’s lawyer, argued that the acting IG was engaged in key matters of national security during the period of the summonses.
Meanwhile, Masengeli serves in an acting capacity, awaiting Douglas Kanja’s full assumption of the office after Senate approval in August.
