Masengeli acquitted of contempt, sentence set aside after apologising for disobeying court

The Deputy Inspector General (DIG) in charge of the Administration Police Service Gilbert Masengeli is a free man after Justice Lawrence Mungambi set aside the conviction and the six-month sentence for contempt of court.

Masengeli had been sentenced last week after disobeying court orders to appear and explain the whereabouts of three men who were missing until Thursday night.

However, Mugambi said Masengeli had demonstrated genuine remorse while pleading with the court for mercy insisting that he had given priority to matters of national security over personal tribulations.

Mugambi said serving the sentence for contempt would not have been enough to vindicate the authority of the court and the best result would be when Masengeli demonstrates genuine remorse and seeks the court's pardon.

The judge said that was the major consideration that the court took into account to set aside the conviction and sentence and acquit the DIG who evaded the court for a month.

Mugambi said Masengeli's explanation on oath shows he is sincerely apologetic to the court, giving an account in which he explained why he could not personally come to court on various dates as summoned, including the conviction and sentencing dates, and acquitted him.

"The intention of the court was not to punish Masengeli for the sake of it but to ensure that the sentence restores the dignity and authority of this court," the judge said.

"Had the court intended to punish Masengeli right away, it would not have included the purge order as part of the sentence."

Additionally, the judge said the significance of this sentence was to vindicate the cherished principle of the rule of law in our constitutional democracy by restoring the dignity and authority of this Court in the public interest.

Mugambi said Masengeli had demonstrated humility and was calm during the cross-examination by the petitioners, pleading that if he had been wrong, and made an error of judgment in prioritising existing security duties, over court summons, he sought forgiveness and mercy from the court.

Masengeli apologised to the court and the judiciary for the events that transpired owing to the orders of the court, stating that he respects the court and the good work done by the judiciary.

"As a police officer, I have a duty to enforce court orders and ensure court orders are obeyed. I pray the court accepts my apology, and vacates the conviction and the sentence. I so pray," stated Masengeli after taking to the dock earlier Friday.

Mugambi who had on September 13 jailed Masengeli said the senior cop could avoid serving the sentence if he complies with the direction to obey the court summons.

Masengeli's lawyers were on Thursday pleading with the court for an audience with the judge stating they were ready to present the DIG in court but Mugambi was busy elsewhere.

It was feared that after the seven days that lapsed at midnight, on Friday, Masengeli would be unable to get an audience of the court but he was heard nevertheless as directed by a duty judge.

Although Masengeli's acquittal was supposed to be the end of the matter and given that the three men – Bob Njagi, brothers Aslam and Jamil Longtons who were missing have been found, Justice Mugambi said he has recused himself from hearing the matter for personal reasons and will return the file to the principal judge to be allocated to another court.