Acting Inspector General of Police Gilbert Masengeli has filed an appeal seeking to overturn a six-month jail sentence handed to him for contempt of court. The police chief lodged the appeal at the High Court, arguing that the ruling was made without proper consideration of his earlier application.
Masengeli was sentenced by Justice Lawrence Mugambi after the court found him guilty of failing to comply with a court order to produce individuals who were believed to be in police custody. The IG, however, contested this, claiming the victims were not under police control and that he had sent representatives to court to explain the situation.
In his appeal, Masengeli argued that the judge erred in sentencing him without allowing him to be properly represented. “The learnt judge erred in law by holding that the appellant cannot be represented by his recognised agent or advocates to render an explanation as to why the ex parte orders of habeas corpus had not been complied with,” read part of his petition.
The acting IG also contended that he was sentenced without being formally notified of any contempt charges. He accused Justice Mugambi of making a ruling on issues that were not officially raised in court. “By finding the acting Inspector General of Police in contempt of court in the absence of any formal application for contempt, the learnt judge erred in law by making adverse findings on unpleaded issues,” Masengeli argued.
READ MORE: STARLINK HITS NEW CUSTOMERS WITH KSH 12,899 CONGESTION FEE AMID NETWORK STRAIN
The appeal comes five days after Masengeli was sentenced to six months in prison, with Justice Mugambi ordering him to surrender to the Commissioner General of Prisons within seven days. If he fails to do so, Interior Cabinet Secretary Kithure Kindiki is tasked with ensuring the IG is taken to prison to serve his sentence.
Background on Masengeli: Gilbert Masengeli is the acting Inspector General of Police, appointed in 2024 after the previous IG stepped down. Known for his tough stance on crime, Masengeli has led various police reforms since assuming office. However, this recent legal challenge has drawn widespread attention to his leadership, raising questions about his adherence to the rule of law.