Deputy Inspector General, Administration Police, Gilbert Masengeli has presented himself in court in a bid to quash his six-month jail sentence.
The controversial police boss appeared in court on Friday, September 20 accompanied by his lawyers and South Mugirango MP Silvanus Osoro.
This comes hours after Masengeli who is represented by Advocate Cecil Miller and Steve Ogolla notified the presiding judge of the High Court, Chacha Mwita, that their client was available to attend court.
Masengeli who was acting IG of Police was sentenced to six months in jail for contempt of court after failing to respond to seven court summons regarding the disappearance of three individuals allegedly abducted by police officers during protests.
Justice Lawrence Mugambi issued the ruling on September 13, 2024, stating that Masengeli could avoid imprisonment by appearing in court within seven days to address the issues he had neglected.
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"The court finds it desirable to impose this sentence as a coercive order as opposed to a punitive order. In that regard, Masengeli may avoid serving this sentence and in that regard, the court shall suspend this sentence for seven days only. The Acting police IG may redeem himself and comply by availing himself before this court in person to answer to issues he has been avoiding. In default, the sentence shall automatically become effective," ruled the judge.
Masengeli's repeated absences from court led to his conviction, with the judge emphasizing that such defiance undermines the rule of law.
Following the sentencing, Masengeli filed an appeal claiming he was unfairly treated and that he had sent representatives to explain his absence.
He argued that the court overstepped its bounds by convicting him without a proper hearing.
"He set and applied different standards in analysing evidence produced by the appellant on the one hand and the respondents unsupported claims on the other
"It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on a priority basis," Masengeli said through advocate Steve Ogolla.
On September 20, 2024, Masengeli submitted an affidavit to the High Court, apologizing for his previous absences and acknowledging his contempt of court.
In the affidavit, he expressed remorse for not attending court hearings related to the disappearance of three individuals, citing operational challenges in security operations as the reason for his absence.
"I humbly apologize to this Honourable Court for breaking orders and undertaking to comply in the future. The non-attendance in court, however, was not intentional but rather due to operational challenges," he said in the affidavit.
