IG Masengeli Seeks Reprieve From Courts He Despised After Six Months Jail Sentence
Gilbert Masengeli, the Inspector General of Police, has filed an appeal with the High Court, seeking to overturn a recent ruling that sentenced him to six months in prison.
In his Appellate Court petition, the police chief claimed that the ruling was made without taking into account the application he filed with the court.
Masengeli faulted Justice Lawrence Mugambi for sentencing him despite his earlier statement to the court that the victims were not in police custody.
According to the acting IG, Justice Mugambi made a mistake in sentencing him for contempt of court, but he still sent representatives to his chambers.
The Memorandum by Masengeli certainly raises an arguable appeal. A stay is likely to be granted by the Court of Appeal.
— MAJIMBO GEORGIADIS (@MajimboAG) September 17, 2024
What I didn’t agree with was his statement on the withdrawal of the Judge’s Security. He should have given @steveogollaw to author that statement on his bhalf pic.twitter.com/hWlf9nxqYO
“That the learned Judge erred in law by holding that the Appellant cannot be represented by his recognized 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 the appeal.
The petitioner also criticized Justice Mugambi for acting without jurisdiction by sentencing the IG without formally notifying him of the contempt of court.
“That by finding the acting Inspector General of Police in contempt of court in the absence of any formal application for contempt, the learned Judge erred in law by making adverse findings on unpleaded issues,” argued the petitioner.
Justice Mugambi was also accused of open bias by establishing and applying different standards when analyzing the evidence presented to him against Masengeli.
The Court of Appeal has rejected acting IG Gilbert Masengeli's attempt to overturn his six-month sentence and has scheduled the appeal hearing for next week.
— Moe (@moneyacademyKE) September 18, 2024
The acting IG’s decision to file an appeal comes just five days after he was sentenced to six months in prison for contempt of court.
Justice Lawrence Mugambi ordered Masengeli to surrender to the Commissioner General of Prisons and serve his sentence within the next seven days.
The judge also ordered that if Masengeli fails to surrender, Interior Cabinet Secretary Kithure Kindiki must take measures to ensure Masengeli is committed to prison to serve his sentence.
“Gilbert Masengeli is sentenced to six months imprisonment, he is ordered to submit himself to the Commissioner of Kenya Prisons to ensure he is committed to a prison facility to commence serving sentence,” ruled Justice Mugambi.
IG Masengeli Seeks Reprieve From Courts He Despised After Six Months Jail Sentence
