Acting IG Gilbert Masengeli jailed for six months over contempt of court

High Court judge Lawrence Mugambi has sentenced Acting Inspector General (IG) Gilbert Masengeli to six months in jail for failing to respond to seven court summons.

These summons were in relation to the disappearance of three men allegedly abducted by the police on August 19, 2024.

"In passing this sentence, I am conscious that it is directed to the highest-ranking police officer in this country. He is still in office. That might pose a challenge in the enforcement of the orders since in the police service, seniority is highly regarded," stated Mugambi.

The court, led by Justice Mugambi, found Masengeli in contempt for repeatedly ignoring orders to appear and explain the whereabouts of the missing men: Bob Michni Njagi, Jamil Longton, and Aslam Longton, who were last seen in Kitengela.

While the sentence was passed without the option of a fine, the judge suspended it for seven days to give Masengeli the opportunity to remedy the situation by attending court and providing an explanation for his non-compliance. Mugambi directed Masengeli to surrender himself to the Commissioner General of Prisons to be placed in a prison facility.

Recognising Masengeli's high rank as the country's acting police chief, Judge Mugambi acknowledged that enforcing this order might pose challenges, particularly given the culture of seniority in the police force. He ordered Interior Cabinet Secretary Kithure Kindiki to ensure the IG's imprisonment.

The Law Society of Kenya had sued Masengeli, along with the Directorate of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), and the National Intelligence Service (NIS), to account for the missing men.

Mugambi ordered Masengeli to appear in court to disclose the whereabouts of the three men or charge them in a court of law before the petition was heard, orders which the IG did not comply with and was summoned seven times without making an appearance before the court.

"The condemner in this case (Masengeli) was accorded every opportunity to expunge the contempt but attending a workshop in Mombasa was more important than obeying the court's summons intended to seek an explanation of (Njagi and the Longtons) last seen on August 1, 2024, the date of the alleged abduction," Mugambi said.

Mugambi noted that Masengeli had on the last date, attempted to bring his deputy to explain the position in regards to the summons.

The judge said this was deliberate defiance of court orders which brings impunity particularly when done by those entrusted with public power as it is consistent with the purposes of the constitution. The three abductees have not been found dead or alive, three weeks later.