Open defiance; Why Inspector General Gilbert Masengeli of Police failed to appear in court for third time

Acting Inspector General of Police Gilbert Masengeli is under increasing legal scrutiny for repeatedly failing to appear in court to address allegations of disobeying court orders.

Scheduled to attend a court hearing regarding a missing persons case, Masengeli was reported to be attending a workshop in Mombasa, preventing his appearance.

This marks the third instance of his non-compliance with court summons.

The court demanded Masengeli’s presence to explain why he should not be held in contempt for his failure to comply with judicial orders in a case involving the disappearance of three individuals; Jamil Longton, Aslam Longton and Bob Njagi in Kitengela two weeks ago.

On Tuesday, Justice Lawrence Mugambi expressed his intention to allow Masengeli to defend himself before determining the consequences of his actions.

“The court must assert its authority in maintaining the rule of law where deliberate disobedience is evident. However, this power must be exercised with utmost care,” he stated.

Despite Masengeli’s legal team citing official duties as the reason for his absence, the Law Society of Kenya (LSK), led by President Faith Odhiambo, argued that this excuse does not justify his contempt of court.

“The IG’s refusal to honor court orders shows a blatant disregard for the rule of law. Official duties cannot supersede the importance of human lives,” Odhiambo contended.

She called for a warrant of arrest, criticizing the lack of evidence to substantiate Masengeli’s claims of being out of town.

“The IG has shown disrespect to the court and the Bill of Rights. The families of the missing individuals are left without answers, feeling dismayed and abandoned,” she added.

Judge Mugambi concurred with the LSK, underscoring the state’s responsibility to uphold rights and fundamental freedoms.

“This nation is governed by the rule of law, not the whims of individuals. The court has the authority to enforce its orders and will hold those who defy them accountable,” he affirmed.

Nevertheless, the judge granted Masengeli an opportunity to present his defense before issuing any further directives.

The ongoing tension between the judiciary and the police highlights the critical need for adherence to legal processes and the protection of individual rights amidst growing concerns over police accountability.

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