Justice Lawrence Mugambi on Friday, September 14 ruled to allow Former Acting Inspector General of Police Gilbert Masengeli to explain why he did not honour the court summons that had been issued earlier.
While making his ruling, the judge noted that Masengeli would be offered an opportunity to redeem himself and avoid the 6-month jail term.
He explained that he made the decision based on his earlier ruling which suspended the jail term in the event the former acting IG appeared before the court within seven days.
Consequently, he directed the police boss, who is currently serving as the deputy IG, to take the stand.
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"This is a court of justice and must act fairly to those who appear before it. Gilbert Masengeli is entitled to be heard by virtue of this order. I will allow him to take to the stand and redeem himself," the judge ruled.
Notably, Masenglei also filed an affidavit to support his case.
Owing to the filing of the document, the judge, on the request of the Law Society of Kenya (LSK) adjourned the court session for 20 minutes to allow for all the counsels to go through the affidavit.
Masengeli was slapped with a suspended jail term of 6 months after he failed to honour court summons.
The police boss had been summoned over the disappearance of three individuals who were allegedly arrested by the police in Kitengela.
According to the police, the three were not in the custody of the police.
"I have just taken over but what I can tell you is that we don't have the 'Kitengela 3' with us. A report was made and we have an active investigation. We are also urging the people of Kenya with any information (on the same) to come forward," IG Doulas Kanja stated during his press briefing on Thursday, September 19.
However, after a public uproar, the Kitengela three emerged on the wee hours of Friday, claiming that they were held by the police.
"I am informed that Jamil Longton and his brother Aslam were dumped at the Gachie border of Kiambu and Nairobi by their captors. Every prayer and intervention made a difference. We thank God that they are safe!" LSK President Faith Odhiambo remarked after their release.
