Judge sets aside Masengeli conviction, recuses himself from case
Justice Lawrence Mugambi at the Milimani Law Courts on September 20, 2024.
Police Deputy Inspector-General (DIG) Gilbert Masengeli is now a free man.
In a surprise twist Friday, Justice Lawrence Mugambi set aside the conviction and jail sentence of Mr Masengeli after finding that his apology to the court was "genuine". Additionally, he has recused himself from the case for what he termed as "personal reasons".
"The intention of the court was not to punish Mr Masengeli for the sake of it, but to ensure that the sentence restores the dignity of this court...He was cross-examined by advocates. It was my observation that his answers appeared genuine," the judge said.
"It is not the intention of this court to punish a genuinely sorry man."
Police DIG Gilbert Masengeli at Milimani Law Courts on September 20, 2024.
The decision will be a relief for the police boss who has recently come under fire from Judiciary head Martha Koome and lawyers under the Law Society of Kenya, as well as the general public, after he snubbed court summons seven times.
Apologetic tone
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.
After snubbing summons to appear before the court seven times to explain the whereabouts of three missing men, Mr Masengeli was at the Milimani Law Courts bright and early on Friday.
With him were Attorney-General Dorcas Oduor, his lawyers Cecil Miller and Danstan Omari as well as State Counsel Emmanuel Mbita and Charles Mutinda, along with a laundry list of reasons explaining why he did not show up in court when summoned.
Once he took oath, he began by explaining that he was away on official duty but had sent a representative to 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.
He struck an apologetic tone, stating that missing summons was not deliberate as was widely perceived.
"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.
After atoning for his conduct, Justice Mugambi accepted the apology and proceeded to quash the conviction and set aside the six-month jail term.
Justice Mugambi said from the deamenour of Mr Masengeli, he seemed remorseful and regretful.
The case has now been forwarded to Chief Justice Martha Koome for further direction.
