Judge gives Masengeli final chance despite defying court orders

Acting Inspector General of Police Gilbert Masengeli defied four court orders requiring him to appear and explain whereabouts of two siblings and an activist allegedly abducted by the police in Kitengela two weeks ago.

On Thursday, Attorney General who represented Masengeli in the case explained to Justice Lawrence Mugambi that the IG was held up in Mombasa attending a workshop and therefore, could not appear in person as ordered.

State Counsel Wanjiku Mwangi said National Police Service Commission (NPSC) legal officer was in court, and could explain that the police were not holding Bob Njagi, Aslam Longton, and Jamil Longton.

“They presume that a decision has been made that the three are in custody. My client is in a must-attend workshop in Mombasa. As head of security, he has a constitutional duty to attend. The IG has not said that he will not attend this court. He is asking for another date. They are not in police custody,” argued Wanjiku.

She stated that Masengeli would appear on Monday week.

Justice Mugambi said he was perturbed by the IG’s conduct and that of the police adding he could not understand why Masengeli opted to go to Mombasa instead of prioritising court orders.

“It is perturbing that the abductions are said to be by police officers under IG. The request for Monday is impossible. The IG was aware but opted to attend a workshop. I leave it to the IG to see if he will appear by 3pm. If he does not appear, the court will make an order of guilty,” ruled Justice Mugambi.

Masengeli, however, did not appear at the demanded time of 3pm yesterday. This time, the AG trooped an officer who is allegedly investigating the disappearance. Wanjiku pleaded with Justice Mugambi to allow the Deputy IG to represent his boss instead. She claimed that there were logistical issues.

In a dramatic court session which the Judge had to break for close to 20 minutes owing to shouting disruption by activist Julius Kamau, the judge gave the IG one more chance.

He directed that Masengeli should appear on Monday at 10am in person.

In the case, Law Society of Kenya and the three missing persons argued that Masengeli’s behaviour was a clear cut show of impunity.

Lawyer Hosea Manwa urged the court to punish the IG for defiance.

Other lawyer, Joshua Malidzo accused the IG and the AG of editing court orders and choosing when to obey them.Malidzo asserted that Masengeli could be flown from Mombasa to Nairobi if he wished to attend court. “It is an open impunity and an open defiance of court orders. The respondents have chosen to edit your orders and when to obey them. A workshop is more important than life. A workshop that he can delegate his deputy. This court cannot be left to baby sit its orders, they have to be complied with...” argued Malidzo.

Despite being served with the court orders eight days ago, the IG was a no show three times;  in the morning and afternoon sessions on Tuesday and on Thursday..

The Director of Public Prosecution, Renson Ingonga urged the court to give Masengeli a last chance.

Ingonga said that the police have to date forwarded any investigations file or anything regarding the trio.

The revelation by the DPP that there is no criminal probe regarding the three young men deepened the abduction saga as he is the only person allowed to press charges in the country. Bearing in mind that they ought to have been either produced before any court in the country within 24 hours or charged, two weeks have passed since Njagi and the two siblings went missing in the hands of what is believed to be police officers.According to court documents, they were last seen being driven away in a white Subaru, license plate KDQ, to an unknown destination.

Jmuthoni@standardmedia.co.ke