Justice Lawrence Mugambi, presiding over the high-profile case of three missing Kitengela men, dropped a bombshell in court, revealing a disturbing plot to intimidate him.
The High Court judge disclosed that a senior police officer had been prying into his whereabouts, raising serious concerns about potential threats against him as he handles the sensitive case.
According to Justice Mugambi, the officer made repeated inquiries to the judge's driver and bodyguard about his location. "The conduct is unacceptable and borders on outright intimidation," stated Mugambi.
Why it matters: Kenya has a long history of police and political intimidation, often used to silence critics and stifle dissent. The revelation of a plot to intimidate a High Court judge overseeing a sensitive case involving missing persons allegedly abducted by police revives deep-seated fears of impunity.
Past incidents, such as the unlawful detentions during the Moi era, and more recent cases like the disappearance of lawyer Willie Kimani, highlight the ongoing struggle for accountability within the security forces.
Dig deeper: He ordered Opicho, who heads the SGB/VIP unit, to appear in court to explain why he was pursuing such information.
This revelation has intensified scrutiny on the police as they face accusations over the disappearance of activist Bob Micheni Njagi and two brothers, Jamil and Aslam Longton. The three men have been missing since August 19, when they were allegedly abducted by individuals believed to be police officers in Kitengela.
Justice Mugambi’s court has been the centre of attention, especially after he found the acting Inspector General of Police, Gilbert Masengeli, guilty of contempt. The police boss has repeatedly failed to appear before the court, ignoring legal summons on seven occasions. His absence has fuelled suspicions of high-level cover-ups within the police.
“The wilful disobedience of court orders is a direct affront to the rule of law,” Justice Mugambi declared, emphasising that Masengeli’s behaviour undermines the judiciary’s authority. “Those who defy court orders must be held accountable, and failure to appear in court amounts to direct contempt.”
Despite numerous warnings, Masengeli has snubbed court appearances, often offering questionable excuses. His deputy, Deputy Inspector General Eliud Langat, was dispatched to represent him, but the judge was unyielding, noting that Masengeli had squandered multiple opportunities to comply with the law.
The Law Society of Kenya (LSK) has been at the forefront of pushing for action against the acting police chief. LSK President Faith Odhiambo, supported by former leaders Eric Theuri and Nelson Havi, has criticised the ongoing delays. They claim that Masengeli’s absence from court is deliberate and aimed at derailing justice.
"Masengeli cannot continue hiding behind security operations while disregarding court orders," stated Havi. He pointed out that the police boss was spotted attending an agricultural show in Mombasa while excusing himself from court, allegedly due to security operations.
Havi urged the court to impose severe punishment, suggesting Masengeli be penalised seven times—equal to the number of times he ignored court summons. "If he is fined, the money should be deducted from his salary," Havi added.
As the tension rises, the relatives of Njagi and the Longton brothers are still seeking answers. Njagi, a well-known activist, had been outspoken on social media platforms, raising concerns about government policies. His disappearance, along with the Longton brothers, has stirred outrage among human rights groups.
The Chief State Counsel, Charles Mutinda, defended Masengeli, insisting that the police chief was involved in critical security meetings in Wajir, which had been plagued by terror attacks. "It is public knowledge that the North Eastern region has seen a rise in terror activities, and the Inspector General is responsible for maintaining order," Mutinda stated.
However, this explanation did little to sway Justice Mugambi, who remained focused on the blatant disregard for the court’s authority. Masengeli is now required to appear in court on Friday, where he faces sentencing for his contempt.