Masengeli, court clash highlights impunity by top police officers

The month-long standoff between Deputy Inspector General of Police Gilbert Masengeli and the High Court finally rested on Friday but still raised fundamental questions on how far the country has gone to end impunity and disregard for the rule of law by senior officers in the executive.

Never before since the 2010 Constitution was enacted, had a senior police officer, in this case, an acting Inspector-General of police been summoned by a judge not once but seven times without making an appearance.  

The court was demanding an explanation from the police boss on the missing of three people said to have been abducted in Kitengela by police in broad daylight a month ago.

Human rights defenders read defiance in Masengeli’s alleged reluctance to honour summons and also argued that it was an act of impunity for human rights abuse and violation of the law.

Makueni Senator Dan Maanzo called for harsh punishment against police officers whose abuse of power, appears to have been emboldened by lack of punishment from the Police Oversight Authority (IPOA) and the judicial system.

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Lawyers argued that impunity was growing in the police because very little has been done in terms of disciplinary measures or criminal prosecution of junior officers accused of serious human rights violations and their seniors whose respect for the rule of law is also now questionable.

All reports produced by Amnesty International (Kenya) from 2013 to 2023 on human rights abuse have shown many acts of cover-up and political manipulation in the protection of perpetrators and police impunity by the executive.

“This is a country where the weak have no protector, while the perpetrators cover each other. The police get away with anything, even murder,” said a witness interviewed by Amnesty.

The latest report cautions that the country could be sleepwalking into possible disaster and a relapse into the days of detention without trial witnessed during the dark one-party era.

Police reforms have continued for a long time and Kenyans would expect that by now, the country could have gotten it right but it appears things are getting worse after recent killings, abductions and wanton violations of human rights by police.

Laws passed in 2011 contained an ambitious framework for police reforms, which if fully implemented would have overhauled the structure of the police force to address shortcomings that continue perpetuating impunity and police abuses against human rights.

It also appears that the establishment of IPOA for the first time in November 2011 which set new standards of conduct for the police has not helped much 13 years after its creation.

Although the Deputy Inspector-General, Masengeli, made a spirited effort to explain his remorsefulness for not appearing in court, the damage created by his long-running dispute with the courts will remain in the minds of law-abiding Kenyans for a long time.

They just cannot fathom how the very person who is supposed to oversee that law and order being is enforced in the courts of law to ensure the business is run efficiently and in an orderly manner could not have been bothered by the uproar his actions caused for a whole month, his explanation notwithstanding.

Before Masengeli dramatically turned up in court on Friday with a barrage of beaming lawyers allied to the Kenya Kwanza administration, in Parliament, Deputy Leader of Minority in the National Assembly Robert Mbui had demanded to know why the senior officer refused to answer to a court summons.

“He has ignored them not once not twice but on several occasions. He is unapologetic. It appears he thinks holding that office gives him power and authority over the courts. He does not understand the separation of powers that we have in a democratic nation like Kenya,” said Mbui.

Ken Osido, the executive director, of Governance Watch also regrets that Kenyans hoped to move from a police force to a police service as was envisaged in the 2010 constitution but nothing much changed over the years.

Several audit police reports have shown that there are very few incidences where the police served the people as was expected and Kenyans do not therefore see the service that they expect from the supposedly reformed police.

Cases of police excesses have grown at an alarming rate with scores of people reported missing while more are found dead in morgues across the country.

Newspapers across the world and news channels such as CNN, BBC, Arab News, Kyodo and Xinhua on Friday gave extensive coverage to the release of three people at the heart of the high-profile case that led to Masengeli’s conviction.

While the contempt charge against Masengeli was dropped, the abduction and the disappearance case of the three, two brothers — Aslam Longton, Jamil Longton — and activist Bob Njagi is set to continue under the direction of another judge after Justice Lawrence Mugambi recused himself.

Hussein Khalid of Haki Africa says although the three have been released, the country has to know who was holding those people and tough action taken against them.

A new Inspector-General, Douglas Kanja, has been appointed to replace Japheth Koome, but there is little optimism among Kenyans that much will change in the conduct and character of police officers.

Former Kiambu MP Jude Njomo thinks.