Acting Inspector General of Police Gilbert Masengeli has been convicted of contempt for failing to honor court summons. The petitioners, represented by lawyer Nelson Havi, raised concerns over how long the court would allow Masengeli to disregard its orders and send his deputy in his place.
Masengeli, who has skipped court a record seven times, is expected to account for the whereabouts of three individuals—Jamil Longton, his brother Aslam Longton, and activist Bob Njagi—who were reportedly abducted by individuals believed to be police officers on August 19, 2024, during the Gen Z protests.
This is the script state institutions and holders of public offices have perfected; Ignoring court orders and bulldozing in impunity, with little to no consequences.
One of the most contested instances was when the Kenyan government was found in contempt of court for repeatedly defying orders to release lawyer and opposition politician Miguna Miguna and to facilitate his re-entry into Kenya following his deportation. Despite numerous court orders, government officials, including the Interior Ministry and the police, ignored these directives, leading to widespread criticism.
In 2018, then-Cabinet Secretary for Interior Fred Matiang’i, Inspector General of Police Joseph Boinnet, and Immigration Principal Secretary Gordon Kihalangwa were found guilty of contempt of court concerning the case. The court ordered their arrest and imprisonment for failing to comply with orders regarding Miguna’s release and return. And as commonly tagged, the orders proved to be hot air.
The dangerous trend of ignoring court directives is a recipe for a constitutional disaster. The court orders have been relegated to the level of meat wrappers as they have constantly proven to hold no juice. Loss of confidence in the courts due to their inability to enforce orders and directives spells ruin, as individuals aggrieved may resort to primal justice.
“At the end of this, we will ask the court to do two fundamental things; to convict the acting IG for contempt of court and to sentence him to the highest permissible legal consequence,” Havi said about Masengeli’s brazen defiance.
“We want Gilbert Masengeli not to hold public office because it is not his personal property. Masengeli was attending a concert. In Kenya, a concert is treated as a matter of national importance. How shameful!”
Recently, businessman Jimmy Wanjigi obtained a court order restraining the police from arresting him, following allegations of illegal firearms possession. Despite the court’s directive, the police raided Wanjigi’s home, ignoring the order and proceeding with attempts to arrest him.
The police service has proven to be the leading culprit in disobeying court orders despite their mandate to enforce the same. This is a stark reality that should worry every Kenyan. The service has been acting with impunity on several occasions; carrying out state-sanctioned abductions, torture, and extrajudicial murders, intimidating government critics, and even in some instances outright extortion by some individuals in the force.
To rein in the service and bring sanity to governance and law enforcement the acting IG’s fate should be a precedent. His sentencing scheduled for Friday the 13th, should be the highest permissible legal consequence. This will also set precedence for reining in on corruption.
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