Last-minute attempts by convict Gilbert Masengeli to save himself from going to prison have been dashed after his request to present himself before the High Court was turned down.
Following his sentencing for contempt on September 13, Mr Masengeli was given a seven-day window to appear before Justice Mugambi to purge the contempt and apologise.
However, he did not take up the offer.
However, on Thursday, hours to the expiry of the deadline, Mr Masengeli, through lawyer Cecil Miller, approached High Court Judge Mwita seeking orders to compel Justice Mugambi to grant the convict audience.
The lawyer informed Justice Mwita that Mr Masengeli was finally ready to appear in court to provide an explanation over the whereabouts of three men who were abducted in Mlolongo and Kitengela in August.
"He is ready to appear in court today between 12 and 3:30pm to purge the contempt," Mr Miller told Justice Mwita.
The lawyer begged the court to permit the deputy inspector-general in charge of Administration Police to appear in an open sitting as there are some documents he wanted to present to the court.
However, his pleas did not yield fruit as Justice Mwita told him that he could not direct the convicting judge to convene a sitting for Mr Masengeli to attend.
"I cannot direct my fellow judge (Mugambi) to abandon a three-judge bench matter to handle Masengeli's case," Justice Mwita said.
Even after the judge averments, Mr Miller once again begged the court to handle the matter on behalf of Justice Mugambi in vain.
"We are ready to appear before the judge during lunch hour or even 3pm when the court adjourns the case it is handling since the Masengeli sentence will take effect today midnight," Miller said.
His request was opposed by Law Society of Kenya lawyer Nelson Havi, teaming up with lawyers Levi Munyeri , Hosea Manwa, Eric Theuri and Faith Odhiambo, in asking the court to mention the matter next week Thursday.
Mr Havi told the court that LSK had filed an another application seeking to have Chief Justice Martha Koome appoint a three judge bench to hear Mr Masengeli's matter since it's grave.
"Your honour, l urge this court to refer the case to Chief Justice to empanel a three judge bench. Let the case be mentioned on Thursday next week as l am out of town attending to my grandmother’s burial," Mr Havi informed Justice Mwita.
The judge intervened and directed the matter to be mentioned before justice Mugambi on Friday for further directions.
Justice Mwita gave the orders as Chief Justice Martha Koome was swearing in the newly appointed IG Douglas Kanja , who was flanked by Mr Masengeli, at the Supreme Court.
On Wednesday, Mr Masengeli had moved to the Court of Appeal and filed an urgent appeal to expel his sentence on grounds that he was unfairly condemned. However, the three-judge bench at the Appellate Court declined to suspend the jail sentence, with Justices Gatembu Kairu, Weldon Korir and Aggrey Muchelule directing that the matter be handled next week following an application by LSK for more time to respond to the application.
While sentencing him in absentia last week, Justice Mugambi said he would suspend the jail term for seven days to give Mr Masengeli time to vindicate himself.
"... The court shall suspend this sentence for seven days only. The acting Inspector-General can redeem himself by availing himself before this court in person to answer the issues which he has been avoiding. Failure to doing so, the sentence will take effect," Justice Mugambi ruled at the time.
The police boss was expected to offer an explanation for the recent snubs, after which the judge would decide whether to impose a fine or not as he had been convicted already.
Mr Masengeli had been summoned seven times to explain the whereabouts of three men suspected to have been kidnapped by police. The three, activist Bob Michemi Njagi and brothers Jamil Longton Hashim and Aslam Longton, were abducted on August 19, 2024.
His repeated non-compliance with these orders has now resulted in a prison sentence, marking a significant moment in the quest for justice and accountability.
The court’s ruling is notable not only for its impact on Mr Masengeli, but also for its broader implications for the relationship between the Judiciary and high-ranking government officials.
By holding Mr Masengeli accountable for his actions, the court has reinforced the principle that even those in the highest echelons of power must adhere to legal directives and respect the rule of law.
Mr Masengeli had attempted to arrest the sentencing by asking the judge to give him a chance to explain why he did not comply with the court orders.
The judge’s refusal to accept his defence stressed the judiciary’s commitment to maintaining its authority and ensuring that legal obligations are met, regardless of the individual’s position.
