Why I failed to honour court summons -Acting IG Gilbert Masengeli

Acting IG Gilbert Masengeli has said that "complex security operations" in the Northern and Coastal Kenya regions that require his presence in the regions have made it impossible for him to appear in the high court in Nairobi.

The police boss rendered a limited apology only specified to apply for the non-compliance with the court's summons and not for failure to explain the whereabouts of three men allegedly abducted by the police in Kitengela on August 19.

The acting IG cited Article 238 of the Constitution which requires him to prioritise national security operations over personal tribulations, adding that in the circumstances, he is restrained because his leadership is needed in pressing security engagements.

Masengeli is wanted in court to explain the whereabouts of Bob Micheni Njagi, Jamil Longton and Aslam Longton allegedly abducted by the police.

However, Masengeli listed several insecurity incidents that have made it difficult for him to attend the court because his presence in the operational areas is indispensable.

The incidents include an Al Shabaab attack at a police station in Wajir County where the militants attempted to overrun a police station.

The militants attempted to overrun Khorof - Harar police station on September 8, before they were overpowered by the police in a two-minute gunfight.

Masengeli also listed an incident in Tana North Sub-county in Tana River where four men from the Degondia Community were killed by unknown men suspected to be from the Orma community in Hirima Eneka area.

The attack is suspected to be in retaliation after two defilement suspects from the Orma community were arrested in connection to a case reported at Bangale police station Vide Occurrence Book (OB) number 04/19/8/2024.

The suspects had been arrested by the Border Police Unit (BPU) officers from the Katolongwe camp before they escaped while handcuffed.

The police boss also listed the incident in Marsabit County where a bus carrying about 50 passengers from Moyale to Nairobi was attacked by gunmen and sprayed with bullets where six passengers sustained gun wounds on September 2.

A driver of another vehicle behind the bus was shot in the head and succumbed to the injury at a hospital.

Masengeli says his presence in the security operations in those areas was indispensable.

"Whereas I regret non-attendance in court due to the operational challenges and whereas I restate and reaffirm my respect to the honourable court, I take the view that the circumstances surrounding the disappearance of the (Njagi and Longtons) have already been explained," states Masengeli in an affidavit.

"The totality of my affidavit is to render an unreserved apology for non-attendance, restate that I recognise and respect the dignity and authority of the honourable court, plead for pardon, and pray to benefit from the court's grace in accordance with the court's inherent power to discharge, vary, set aside, and/or suspend the contempt of court and subsequent sentencing on its motion or an application by a party."

Masengeli says that his conviction for contempt of court is related to his failure to honour the summonses generally and not failure to give an explanation surrounding the disappearances of the three men.