Acting Police Inspector-General Gilbert Masengeli.
On July 24, President Ruto met top officials of the National Police Service Commission (NPSC) at State House, Nairobi. The purpose of the visit by the Eliud Kinuthia-led Commission was for the president to receive the results of candidates who had been interviewed for the position of Deputy Inspector-General of Police.
When the NPSC commissioners arrived, the Head of State was in a meeting in one of the boardrooms with some senior government officials.
Also spotted in the corridors of State House that day was Mr Gilbert Masengeli, then commandant, Administration Police Training College in Embakasi.
Mr Masengeli was among those who had been interviewed for the post of deputy IG, Administration Police (AP).
After a brief meeting with the president, the NPSC bosses handed over the green cover booklet containing the names and marks scored by the top three candidates who were interviewed for the position of DIG.
Multiple sources familiar with the interviews and final results of each candidate say Mr Masengeli and Mr James Kamau emerged the top candidates from the AP. Their names were forwarded to the president for consideration for the top police job.
The sources, who spoke on condition of anonymity, said Mr Masengeli and Mr Kamau, who at the time was the acting DIG in charge of AP service, had tied at 85 percent of the marks awarded by the panel. From the list, the president was required to pick one to head the AP unit.
When reached for comment on Wednesday, NPSC boss Mr Eliud Kinuthia said he could not discuss how the candidates scored at the interviews.
The Nation had sought a confirmation on the scores of the two senior AP bosses.
“That is classified information that I cannot comment on,” Mr Kinuthia told Nation.
He also declined to comment on whether he had met Mr Masengeli at State House on the day the commissioners were presenting their report to the president. "No comment," he responded.
Received report
State House spokesperson Hussein Mohammed in a response said "there was no meeting at State House Nairobi on 24th July, 2024, between the then-acting DIG Gilbert Masengeli and the President."
"The President received the report from the commission on 23rd July, 2024. I categorically reiterate that then-acting DIG Masengeli did not meet the President, as you allege, before the report was submitted," Mr Hussein said.
But when Nation informed him the President had received the report on July 24, as even captured in a publication on the commission’s website, he acknowledged the error.
“Sorry, my mistake. Presentation of the report was on July 24,” Hussein responded.
"After receiving the report, the President duly appointed Masengeli and Eliud Lagat as DIG (Administration Police) and (Kenya Police Service), respectively, on 25th July, 2024. On 26th July, they accompanied the National Police Service Commission to the State House Mombasa for commissioning, marking the first time Mr Masengeli met the President," Hussein said.
"The National Police Service Commission is an independent constitutional institution with a clearly defined mandate. I cannot speak on their behalf, and any questions regarding the recruitment process should be directed to them," he added.
On July 25, a statement from the President, through head of Public Service Felix Koskei, announced the appointment of Mr Masengeli as DIG in charge of the AP service and Mr Eliud Lagat as DIG in charge of the Kenya Police.
Mr Masengeli was subsequently appointed acting police IG pending the approval of Mr Douglas Kanja by parliament for appointment as the substantive police chief.
Mr Kanja, an immediate former DIG, was nominated by the president as police chief to replace Mr Japhet Koome, who had resigned.
From unknown to household name
Prior to his appointment as DIG in charge of AP service, one would not have easily picked out Mr Masengeli on the streets. This is not the case anymore.
His additional role as acting police chief has thrust him further into the public limelight.
Mr Masengeli has had a highly publicised run-in with the court for defying multiple orders with regard to three abducted men.
He is due for sentencing on Friday by a Nairobi court, which has found him guilty of contempt.
High Court judge Lawrence Mugambi had summoned Mr Masenegli to explain the whereabouts of two brothers and a friend who have been missing after they were allegedly arrested by armed men believed to be police.
Mr Masenegli has failed to show up in court seven times.
The orders to the acting police chief were first issued on August 26 for him to appear and explain the whereabouts of activist Bob Micheni Njagi and two brothers, Jamil and Aslam
The three were allegedly abducted by persons believed to be police officers on August 19 in Kitengela and bundled into white Subaru vehicle.
From left: Longton Jamil, his younger brother Aslam Longton and activist Bob Njagi who have been reported missing.
They have been missing since then, forcing the Law Society of Kenya (LSK) to file a petition for their production in court.
Njagi and Jamil had hosted a discussion on X Space on national issues including punitive government policies. Their abduction is believed to be connected to their activism.
Pressing for the punishment of Mr Masengeli, the LSK through its president Faith Odhiambo and backed by her predecessors Eric Theuri and Nelson Havi, urged stiff penalties for the police boss.
Games and excuses
They said the court had been treated to games and excuses that the police boss was involved in high level security operations yet he had been seen attending an agricultural show in Mombasa.
Mr Havi asked the court to stamp its foot and emulate justices George Odunga and Luka Kimaru who convicted and punished then Internal Cabinet Secretary Fred Matiang’i and other senior government officials for similar conduct over the deportation of lawyer Miguna Miguna.
But chief State counsel Charles Mutinda defended Mr Masengeli, saying he was attending a security operation in Wajir, details of which he could not reveal.
Mr Mutinda said it was public knowledge that Wajir and North Eastern region in general 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 had sent his deputy to offer an explanation as to the whereabouts of the three missing men.
He also insisted that the three missing persons were not arrested or abducted by the police.
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 Lagat to address the court. 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 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.
The two Longton brothers had been abducted earlier on the same day around 2pm while leaving their house at Kitengela. They were allegedly bundled into a white Subaru that also drove off to an unknown destination.
LSK filed the case by seeking an order of habeas corpus - the production of the three, dead or alive, stating that they were arrested by armed police officers.
