Justice Lawrence Mugambi has convicted Acting Inspector General of Police, Gilbert Masengeli, for contempt of court, emphasizing that a criminal suit cannot be delegated to a deputy.
Justice Mugambi condemned the IG’s actions, stating that as a state officer, Masengeli’s conduct undermined both the supremacy of the Constitution and the rule of law.
The case took a dramatic turn when Justice Mugambi revealed that there had been an attempt to interfere with the proceedings.
He disclosed that an officer from the IG’s office had contacted his bodyguard over the weekend to inquire about his whereabouts, which the Judge interpreted as an inappropriate effort to influence the court.
As a result, Justice Mugambi has summoned Senior Police Officer Lazarus Opicho, believed to be responsible for the phone call. Opicho has been ordered to appear in court on Friday, September 13th.
While Deputy Inspector General (DIG) Eliud Lagat was allowed to represent the IG in the habeas corpus case of the “Kitengela 3,” Justice Mugambi was clear that the contempt of court charge could not be delegated.
The petitioners, represented by Law Society of Kenya (LSK) President Faith Odhiambo, argued that Masengeli, as a frequent visitor to the court through his officers from the Directorate of Criminal Investigations (DCI), should lead by example by respecting court orders and the Constitution.
They called for the IG to be sentenced to a maximum of six months in jail or fined, with the fine being deducted from his salary.
On the other hand, the respondent’s legal team, led by Counsel Charles Mutinda, defended Masengeli’s actions, stating that he had been preoccupied with a series of security meetings and was currently in Lamu.
The defence argued that the IG was willing to comply with court orders and had sent his Deputy to represent him.
However, the petitioners dismissed this explanation, noting that Masengeli had been seen attending social events and concerts, with evidence of this posted on social media, making the defence’s claims questionable.
The court has set Friday as the date for Masengeli’s sentencing.
