Masengeli apologises to court: 'I respect the Judiciary...it was not intentional'
What you need to know:
The court will determine at 4pm whether to set aside Masengeli's six-month jail term.
Justice Mugambi will also rule on whether he'll accept his apology against the background that the three abductees were found alive.
Convicted Deputy Inspector-General of Police (Administration Police) Gilbert Masengeli has apologised for not showing up before Justice Lawrence Mugambi seven times to answer to the whereabouts of three abducted men.
Striking an apologetic tone, Mr Masengeli said "it was not a deliberate failure" to not come to court.
"I'd like to apologise to the Judiciary and court over what transpired. My lord (Justice Mugambi) I respect you. It is my duty to ensure court orders are obeyed," he said.
Asked why he snubbed the summons, he explained that he was out of Nairobi on official duty but had sent someone to represent him in court.
"On August 26 I was in Coast. I went to Mombasa and Lamu enclave. On August 29, I was in Mpeketoni. On September 3, I was on the Kenya/Somalia border. On September 4, I was enroute to Northern Kenya My Lord," he said.
Earlier, when he arrived in court, he was accompanied by Attorney-General Dorcas Oduor, his lawyers Cecil Miller, Danstan Omari as well as State Counsel Emmanuel Mbita and Charles Mutinda.
Mr Masengeli was sentenced to six-months in jail, starting Thursday midnight, after he was convicted of contempt of court following his failure to honour summons seven times. He was expected in court to explain the whereabouts of three men abducted in Kitengela on August 19.
The three - activist Bob Njagi and brothers Jamil and Aslam Longton - were on Friday, September 20, found alive, the same day the police boss was due in court.
This was confirmed by former LSK President Nelson Havi who stated that they were released and found at Gachie in Kiambu County.
When asked how he learnt that the three had been found alive, Mr Masengeli claimed that he found out in court today.
"I just learnt this morning from former LSK President Nelson Havi that the three men who were missing have been found," he said.
Allow Masengeli 'to redeem himself'
Convicted DIG Gilbert Masengeli (left) flanked by DIG Eliud Langat waits for Justice Mugambi to arrive for directions in the abduction incident of three persons at Kitengela.
Earlier, before he took to the dock, Justice Mugambi said he would allow Mr Masengeli to testify on the true position of the abductees, as well as explain why he snubbed his court summons.
Convicted DIG Gilbert Masengeli takes oath at the Milimani Law Courts as he waits for Justice Mugambi to arrive for directions in the abduction incident of three persons at Kitengela.
"Having availed himself before the court, I will be disobeying my orders if I deny him the chance to explain himself.
Masengeli is entitled to be heard," the judge said.
"The sentence was not merely punitive but coercive. I will thus allow Masengeli to take to the stand and redeem himself," he added.
Justice Lawrence Mugambi at the Milimani Law Courts on September 20, 2024.
AG Oduor urged judge to quash the conviction and set aside the six-month jail sentence.
Filed appeal
On Thursday, September 19, Mr Masengeli tried unsuccessfully to appear before magistrate Mugambi, but the judge was presiding over another case before a three-member bench. However, High Court judge Chacha Mwita directed his lawyer Cecil Miller to appear before Justice Mugambi on Friday morning as as scheduled.
Hearing of the case continues. A ruling will be delivered at 4pm today.
Update: Justice Mugambi has set aside Mr Masengeli's conviction and recused himself from the case. Read more here.
