The Acting Inspector General of Police, Gilbert Masengeli, has officially lodged an appeal at the High Court seeking to overturn a recent decision that sentenced him to six months in prison.
The police chief was found guilty of contempt of court by Justice Lawrence Mugambi after failing to comply with a court order related to producing individuals in police custody.
In his appeal filed at the Appellate Court, Masengeli argued that Justice Mugambi’s ruling was made without considering the response he had earlier submitted. In his petition, the police boss contends that the court failed to take into account that the missing persons were not under police custody at the time, which was a crucial element of his defense.
Masengeli also faulted the court for sentencing him despite sending representatives to explain the situation on his behalf. The acting IG argued that the judge erred by insisting that he personally render an explanation.
“The learned Judge erred in law by holding that the Appellant cannot be represented by his recognized agent or advocates to render an explanation as to why the ex parte orders of habeas corpus had not been complied with,” read part of Masengeli’s appeal.
Additionally, Masengeli accused Justice Mugambi of acting without jurisdiction, stating that he was not formally notified about the contempt of court accusations, which violated due process.
The appeal was filed five days after Masengeli was sentenced to serve six months in prison. Justice Mugambi, in his ruling, had ordered the police boss to surrender to the Commissioner General of Prisons within seven days to begin his sentence. If he fails to do so, Interior Cabinet Secretary Kithure Kindiki has been directed to ensure Masengeli’s imprisonment is enforced.
Masengeli maintains that the ruling was biased, with the judge applying different standards in analyzing the evidence presented against him.
