The High Court has set aside the decision to sentence Deputy Inspector General Gilbert Masengeli to six months in prison.
On Friday, September 20, Justice Lawrence Mugambi, who delivered the ruling, noted that Masengeli's genuine apology and acknowledgment of the court's authority were significant factors in the decision.
The judge expressed that the court's intention was not to punish but to restore its dignity.
"The intention of the court was not to punish Masengeli for the sake of it but to ensure that the sentence restores the dignity and the authority of this court. It is not the work of the court to punish a genuinely remorseful man," stated Justice Mugambi.
Additionally, Justice Mugambi recused himself from the case citing "personal reasons", although specific details were not disclosed.
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"Masengeli through this purging process has purged his guilt for the contempt of court & thus both the conviction and sentence passed are set aside. I am making my decision to recuse myself from further proceedings of this case for personal reasons," Justice Mugambi said.
Masengeli 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 Mugambi issued the ruling on September 13, 2024, stating that the police boss could avoid imprisonment by appearing in court within seven days to address the issues he had neglected.
"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.
In the wake of the ruling, Masengeli faced criticism for the removal of Justice Mugambi's security detail.
Chief Justice Martha Koome condemned this action, labeling it an affront to judicial independence and a potential intimidation tactic against the judiciary.
"Article 160 of the Constitution unequivocally protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law, and shall not be subject to the control or direction of any person or authority," Koome said.
Masengeli defended the decision, stating that the officers were reassigned for VIP security training and replaced by two specialized officers from the Judiciary Police Unit.
"The two security officers in question are General Duty Officers and were therefore recalled attending VIP security training and were replaced by two VIP protection Officers from the Judiciary Police Unit,” he said.
