Despite different courts handing these security officials jail terms or fines, none has ever served such a sentence — either ignoring the court decision or appealing against it.
Former DCI boss George Kinoti is among these top security chiefs who have been sentenced to jail for disobeying court orders. He appealed the sentence.
On November 18, 2021, Mr Kinoti was sentenced to four months’ imprisonment for failing to obey a court order requiring him to release firearms belonging to Nairobi businessman Jimi Wanjigi.
High Court Judge Anthony Mrima had directed that Mr Kinoti surrender to prison within seven days after the judgement failure to which the Inspector General of Police was required to effect a warrant of arrest against him.
Judge Mrima had directed Mr Kinoti, then Inspector General of Police Joseph Boinnet and the Director of Public Prosecution to return all firearms and ammunition taken from Wanjigi's residence in 2017.
While passing the sentence, judge Mrima said the State acted irrationally by taking Wanjigi's guns while he still held a valid licence.
Wanjigi had filed contempt of court proceedings against the DCI for failing to comply with the judge's orders.
In an affidavit dated July 22, 2021, Mr Kinoti pleaded with the court not to punish him. The DCI boss said that the then Firearm Licensing Board Secretary Samuel Kimaru had revoked the businessman’s firearm licence and the decision was communicated to Mr Wanjigi.
Mr Kinoti told the court that Wanjigi’s rights had not been violated. The Appellate court issued orders suspending the 4-month jail term handed to Kinoti. An appeal is still pending.
On March 29, 2018, the High Court fined then Interior Cabinet Secretary Fred Matiang’i, then Inspector General of Police Joseph Boinnet and Immigration Principal Secretary Gordon Kihalangwa Sh200,000 each for contempt of court.
Justice George Odunga, who handed the sentence, directed that the fines be deducted from the salaries of these senior government officials.
Justice Odunga found Dr Matiang’i, Mr Boinnet and Mr Kihalangwa guilty of contempt having defied court orders related to the detention of lawyer Miguna Miguna.
Justice Odunga directed that Mr Miguna, who at the time was being detained at the Jomo Kenyatta International Airport, be released. However, the government deported Mr Miguna to Dubai and eventually to Canada.
In 2017, then Interior Cabinet Secretary Joseph Nkaissery was found guilty of contempt by a Mombasa court.
Nkaissery was found guilty of disobeying orders of the High Court prohibiting the destruction of a ship which was to be used as an exhibit in a drugs-related case.
And on December 5, 2015, then Interior Principal Secretary Karanja Kibicho was sentenced to three months in jail for disobeying a court order to pay a Nyayo House torture victim.
Justice George Odunga, who passed the sentence, directed then police boss Joseph Boinnet to have Dr Kibicho arrested and hand him over to Industrial Area Prison where he was to start life in prison.
The orders for the acting Inspector General of Police to appear before the court were first issued on August 26 for him to appear and explain the whereabouts of activist Bob Micheni Njagi and brothers Jamil and Aslam Longton, who were abducted in Kitengela.
The three were allegedly abducted by persons believed to be police officers on August 19 and bundled into white Subarus.
Their whereabouts since then has remained unknown forcing the Law Society of Kenya (LSK) to file a petition for them to be produced.
Pressing for the punishment of Mr Masengeli, the LSK, through its current president Faith Odhiambo backed by her predecessors Eric Theuri and Nelson Havi, said the court had been treated to the same games and excuses that the police boss was involved in high security operations yet he was allegedly seen attending an agricultural show in Mombasa.
Mr Havi said the court should stamp its authority and emulate justices George Odunga and Luka Kimaru who convicted and punished former Internal CS Fred Matiang’i and other senior government officials for similar conduct over the deportation of Mr Miguna.
Mr Havi urged the court to punish Masengeli seven times, for the number of times he has snubbed the court and if it is a fine, it should be drawn from his salary.
In one session, the chief state counsel Charles Mutinda defended Mr Masengeli saying he was attending a security operation meeting in Wajir, details of which he could not reveal.
Mr Mutinda said it was public knowledge that Wajir and North Eastern region have been hit by a series of terror attacks and as the custodian of security, the acting Inspector General of Police must address the issue.
He said Masengeli had sent his deputy to explain the whereabouts of the three missing men, whose relatives had reported to the Kitengela police station that they had been abducted by unknown assailants.
Mr Mutinda sought the suspension of the conviction until an explanation was offered but the application was vehemently opposed by LSK.
After finding Masengeli guilty of contempt of court, the judge allowed Mr Langat to address the court and offer the explanation but the move was resisted by LSK and lawyers holding brief for the families including Levy Munyeri and Hosea Manwa.
Evidence filed in court showed that Njagi was abducted on August 19, 2024 at around 10.40pm by masked men at Kasina area, as he headed home.
He was allegedly shoved into a white Subaru which drove off to an unknown destination, while the two Longton brothers were abducted earlier on the same day around 2pm while leaving their house at Kitengela.
The LSK filed the case by seeking an order of habeas corpus for the production of the three, stating that they were arrested by armed police officers.
