KENYA’s acting police chief, Gilbert Masengeli, has received an early and stark reminder that no one is above the law, not even the country’s top law enforcement official. Just weeks into his tenure, Masengeli found himself on the wrong side of the judiciary after repeatedly ignoring court summonses.
In a bold move asserting judicial authority, High Court Judge Lawrence Mugambi sentenced Masengeli to six months in prison for contempt of court on Friday, according to Reuters. The sentence was suspended for seven days, offering the acting inspector general a final opportunity to comply with the law he is sworn to uphold.
Reuters reports that the case revolves around the alleged abduction of three men by police officers in August. The Law Society of Kenya, the country’s main bar association, filed a lawsuit seeking a court order for their release. These individuals had been vocal supporters of mass anti-government protests that took place in June and July.
Judge Mugambi had summoned Masengeli to court seven times to provide information on the whereabouts of the missing men. Each time, the police chief failed to appear, prompting the court’s decisive action.
“In the event that he does not submit himself to the Commissioner General (of prisons), the minister of interior must take all steps that are necessary and permissible in law to ensure that Gilbert Masengeli is committed to prison,” Mugambi declared in his order.
According to Reuters, the case has brought renewed attention to accusations of human rights violations during recent protests. Activists claim dozens of protesters were abducted by state agents and held incommunicado, with most subsequently released. President William Ruto has pledged to investigate these allegations while broadly defending the conduct of state security services.
Masengeli’s legal team, in a last-minute effort, submitted a presentation on Thursday requesting the judge to suspend the contempt verdict. They claimed that attempts to locate the three men were ongoing.
As of Friday afternoon, police spokeswoman Resila Onyango had not responded to requests by Reuters for comment on the unprecedented ruling against the acting police chief.
This case serves as a potent reminder of the judiciary’s role in upholding the rule of law, even when it means holding the highest-ranking police official accountable. It remains to be seen how Masengeli will respond to this clear message from the courts in the coming days.
