Police boss Gilbert Masengeli slapped with jail term as court flexes muscles

Milimani high court Friday afternoon sentenced the acting Inspector General of Police Gilbert Masengeli to a six month imprisonment for contempt of court.

Justice Lawrence Muugambi sentenced Mr Masengeli for defying court summons for seven consecutive times when he was required to appear and explain the whereabouts of three youths who are said to have been abducted by police in Kitengela.

“The significance of this sentence today is to vindicate the cherished principle of rule of law in our constitutional democracy by restoring the dignity of this court in public interest,” said Justice Mugambi before reading the sentence.

Justice Mugambii said that the contemnor Mr Masengeli is to serve six months in prison and is supposed to avail himself before the commissioner of prison start serving his sentence and in the event that he does’t avail himself then the court expects the cabinet secretary for interior and national coordination Professor Kithure Kindiki to use the powers within his jurisdiction to avail the acting IG or imprisonment.

“The contemnor Mr. Gilbert Masengeli is sentenced to six months imprisonment. Mr Masengeli is ordered to submit himself to the commissioner general of Kenya prisons to ensure that he is committed to a prison facility to commence serving sentence of the imprisonment imposed,” read Justice Mugambi.

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However Mr Masengeli was given a reprieve by the court after the sentence was suspended for seven day in order to give him time to avail himself before the court as summoned earlier on to give details of the missing of the three youths.

Justice Mugambi said that the court found it desirable to impose the sentence as a coercive order as opposed to a punitive order.

“In that regard Mr Masengeli may avoid to serve this sentence and therefore in that regard the court shall suspend this sentence or seven days only and the acting inspector general of police can redeem himself and comply by availing himself in person before this court to answer the issues that he has been avoiding and iin default this sentence takes effect,” Justice Mugambi said in his sentence.

The acting inspector of police Gilbert Masengeli found himself in this scenario after he failed to appear before the court following a case filed by the Law Society of Kenya and families of the missing persons including Bob Micheni Njagi, Jamil Longton and Aslam Longton who are still missing to date.

All eyes are now on the acting IG whether he will take advantage of the seven-day window accorded to him by the court to avail himself or be compelled and forced to serve the six month imprisonment for contempt.

The elephant in the room is who will arrest the IG bearing in mind that he is the most high ranked officer in the police service at the moment where ranks are respected and a senior officer cannot be arrested by his juniors.