A senior police officer has found himself in trouble for inquiring into the whereabouts of a judge handling a petition in which acting Inspector General of Police Gilbert Masengeli has been found guilty of contempt of court for snubbing legal orders seven times.
High Court judge Lawrence Mugambi directed the commandant of the SGB/VIP unit Mr Lazarus Opicho to appear before him on Friday and explain why he was calling the judge’s driver and bodyguard seeking to known his whereabouts.
While ordering the officer to appear before him on September 13, Justice Mugambi said the conduct was unbecoming and bordering on intimidation.
“The court would like to note that there has been unbecoming conduct by a senior police officer- Mr Lazarus Opicho which the court considers as bordering on intimidation,” the judge said adding that he would want to know the reason for the inquiry among other concerns, behind his back.
The judge at the same time found Mr Masengeli guilty of contempt of court after failing to appear yet again before him as directed last week.
Justice Mugami declined to listen to an explanation by the deputy inspector General of Police Eliud Langat saying Masengeli was guilty of contempt of court after the opportunity to purge the contempt was extended to him on several but he squandered the chance.
"The 1st respondent’s (Masengeli's) actions of willful disobedience of court orders undermine the supremacy of the law and the administration of justice. It is the responsibility of the court to hold such people into account. Failure to appear in court amounts to direct contempt,” said the judge.
The orders for the acting Inspector General of Police were first issued on August 26 for him to appear and explain on the whereabouts of activist Bob Micheni Njagi and two brothers Jamil and Aslam Longton.
The three were allegedly abducted by persons believed to be police officers, on August 19 in Kitengela and bundled into white Subaru’s.
Their whereabouts since then has remained unknown forcing the Law Society of Kenya (LSK) to file a petition for their production.
Mr Njagi and Jamil had hosted a discussion on X Space discussing national issues and raising concerns about government policies and their abduction is believed to be connected their activism.
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 stamp its foot and emulate justices George Odunga and Luka Kimaru who convicted and punished former Internal CS Fred Matiang’i and other senior government officials for such similar conduct over the deportation of lawyer Miguna Miguna.
The former LSK president urged the court to punish Mr 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.
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 explained that Mr Masengeli has sent his deputy to offer the explanation as to the whereabouts of the three missing men, who he said their relatives had reported to Kitengela police station that they were kidnapped by unknown people.
Mr Mutinda sought the suspension of the conviction until an explanation was offered but the application was vehemently opposed by LSK.
After finding Mr 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 Mr Njagi was abducted on August 19, 2024 at around 10:40 pm 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 been 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.
The lawyers body added that the government’s response towards the protests was an attempt to forcefully and extra judicially quell the protests through illegal arrests, abductions and unwarranted detentions
