Masengeli Finally Faces Court Proceedings

Deputy Inspector General of Police Gilbert Masengeli appeared in court on Friday morning in an attempt to purge his six-month jail sentence related to the disappearance of three Kenyans.

The case, which has garnered significant public attention, centres around the alleged kidnapping of Jamil Longton (42), Aslam Longton (36), and activist Bob Njagi by individuals suspected to be police officers in Kitengela on August 19, 2024. Masengeli, represented by a legal team including Attorney General Dorcus Oduor, Advocate Cecil Miller, and Steve Ogolla, had previously been convicted of contempt of court on September 9, 2024, for failing to comply with interim habeas corpus orders. These orders, secured by the Law Society of Kenya (LSK) on August 23, had directed Masengeli to produce the three missing individuals.

In a surprising turn of events, Njagi and the Longton brothers were found alive and abandoned in Kiambu County on Friday morning, just hours before Masengeli's scheduled court appearance. Masengeli's legal team had initially pleaded with the court to allow their client to appear on Thursday, as the six-month jail sentence was set to take effect on Friday. However, High Court Judge Chacha Mwita directed that the file be placed before Judge Mugambi on Friday for further instructions. Judge Mugambi, who was initially handling the matter, was part of a three-judge bench dealing with another case.

In an affidavit filed on September 20, 2024, Masengeli admitted to missing court hearings but emphasized that his non-attendance was not intentional. He cited operational challenges, including his involvement in security operations in Northern Kenya and the Coast region, as reasons for his absence. The Deputy Inspector General also apologized to the court for breaking orders and committed to future compliance. The case has brought to light ongoing issues within the Kenyan police force, including allegations of extrajudicial killings and enforced disappearances. Human rights organizations have consistently called for greater accountability and transparency within the force.

On Monday, Acting Inspector General of Police Gilbert Masengeli addressed the controversy surrounding the withdrawal of security officers from Justice Lawrence Mugambi. Masengeli explained that the officers were recalled for VIP security training, asserting that alternative arrangements were made to ensure the judge's safety. He emphasized that personal security details are not automatically granted to judges, but are provided based on threat assessments and operational needs. Masengeli reiterated the National Police Service's commitment to protecting all Kenyans including judiciary members.

However, Chief Justice Martha Koome strongly condemned the withdrawal of Justice Mugambi's security detail. She described it as a "disturbing action" taken by the national police following Mugambi's sentencing. Koome emphasized that this move violated Article 160 of the constitution, which protects judicial independence, and called for the immediate restoration of Mugambi's security.