Acting Inspector General of Police Gilbert Masengeli. Photo/courtesy.
The defiance of Acting Inspector General of Police (IG) Gilbert Masengeli to court summons is a clear indication of lawlessness running deep in the government.
On 13th September 2024, High Court Judge Lawrence Mugambi sentenced acting IG Masengeli to a six-months jail term for failing to appear in court to explain the whereabouts of three men allegedly abducted by police during the Gen Z protests.
In his ruling Justice Mugambi found Masengeli with an offense of contempt of court, after he failed to present himself in court despite being given seven times to do so.
The ruling ordered Masengeli to “ submit himself to the Commissioner of Kenya Prisons to ensure he is committed to a prison facility to commence serving sentence.”
Despite this ruling Masengeli is yet to do as ordered, in addition to alleged withdrawal of Justice Mugambi’s security personnel prompting Chief Justice Martha Koome to come out to defend him.
CJ Koome emphasized the independence of the judiciary, adding that judges must be free to make rulings “without fear of retribution or interference.”
The CJ argued that the encroachment of judiciary’s independence risks making the country lawless.
Koome said: “Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersede rights, and justice is subverted by intimidation.
Former DCI boss embroiled in the same ordeal
Similarly, former DCI boss George Kinoti found himself in the same wrangles where he was sentenced to four-months jail term.
In June 2019, Justice Chacha Mwita ruled that Kinoti should return firearms belonging to Businessman Jimi Wanjigi, which were confiscated by DCI.
Kinoti in defiance refused to do as ordered and consequently refused to appear before the court to explain why he couldn’t return the firearms.
In November 2021 High Court Judge Antony Mrima handed Kinoti a four-month jail term, ordering him to surrender himself to the officer in charge of Kamiti Maximum prison. However, Kinoti failed to do as ordered.
In the ruling Justice Mrima ordered that the sentence would be enforceable including the time Kinoti leaves office.
However, in April 2022, the Court of Appeal suspended Kinoti’s jail term.
Masengeli and Kinoti are the two latest security heads to be convicted for defiance to the rule of law.
This paints a picture that holding a powerful office means that “you are above the law” despite the constitution stating that no one is above the law.
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