Deputy Inspector General of Administration Police Gilbert Masengeli can now breathe a sigh of relief after the High Court set aside his conviction and subsequent six-month jail sentence for contempt related to the disappearance of three Kenyans.
Appearing before Justice Lawrence Mugambi, Masengeli apologized for his perceived disregard of court orders, explaining that his absence was due to operational challenges, including security duties in Northern and Coastal Kenya. The court allowed him to adopt an earlier affidavit, in which he acknowledged missing court hearings.
Despite opposition from the petitioners, led by former LSK President Nelson Havi, Justice Mugambi permitted Masengeli to take the stand. “The contemnor appeared before the court within the given timeframe. Denying him an audience would contradict my orders. This court must act fairly towards those who present themselves,” the judge stated.
Masengeli, in his defense, expressed remorse and pleaded for leniency, stating, “I apologize to the Judiciary for the events that led to this situation. As a police officer, it is my duty to enforce court orders. I pray that you accept my apology and vacate the conviction and sentence.”
After a brief adjournment, Justice Mugambi ruled in favor of Masengeli, noting his sincere apology and the restoration of the court’s dignity. “His presence and apology have reaffirmed the authority of this court. It is not my intention to punish a genuinely repentant individual who has acknowledged his mistakes,” the judge remarked.
The judge also mentioned that the three missing Kenyans—Bob Njagi, Jamil Longton, and Asmil Longton—had been found alive, further influencing his decision to drop the case.
Justice Mugambi concluded by recusing himself from further proceedings and directed the case to be assigned to another judge.
Article By Suzy Nyongesa.