The High Court has sentenced Inspector General of Police Gilbert Masengeli to six months in civil jail for failing to appear in court and explain the whereabouts of three missing Kenyans.
“I hereby commit Gilbert Masengeli to six months in prison for failing to honor court orders,” the court ruled.
However, Justice Lawrence Mugambi suspended the sentence for seven days to allow the Inspector General to redeem himself by appearing in court and providing information on the alleged disappearances.
“The acting Inspector General, Gilbert Masengeli, can redeem himself by presenting himself before this court within seven days to explain the whereabouts of the three missing persons,” Justice Mugambi stated.
The missing individuals include activist Bob Njagi and two brothers, Jamil Langton and Aslma Longton. They reportedly went missing on August 19 in Kitengela and are believed to have been abducted by the police.
In his ruling, Justice Mugambi underscored the importance of upholding the essential values of human life. He emphasized that Masengeli had been given every opportunity to appear in court, even after traveling to Mombasa for a workshop, but had failed to do so.
The judge directed Masengeli to present himself to the Commissioner of Kenya Prisons to begin serving his sentence. If he fails to surrender, Interior Cabinet Secretary Kindiki Kithure is instructed to take the necessary legal measures to enforce the sentence.
Masengeli’s legal team, comprising Emmanuel Mbita, Cecil Miller, and Steve Ogola, urged the court to consider their client’s application to stay the sentence.
Miller pointed out that they had requested to address the court on the matter of mitigation before the sentence was passed but were denied the opportunity.
“Since this was declined, we apply for our application to be heard this afternoon or on Monday, considering that the sentence has been suspended,” the court heard.
“We object to the six-month sentence being enforced without Masengeli’s application being heard. There are two pending applications before the court that should be considered,” Mbita argued.
