Lawyer Files Petition to Remove Masengeli From Office Over Contempt of Court

Acting Police Inspector General Gilbert Masengeli during a past event.
Acting Police Inspector General Gilbert Masengeli during a past event.
Photo
National Police Service

Pressure continued to pile on embattled Acting Inspector General of Police Gilbert Masengeli after a lawyer on Wednesday filed a petition seeking to remove him from office for contempt of court.

Charles Mugane, an advocate and human rights defender, moved to court on Wednesday, September 18, seeking to have Masengeli declared unfit to hold public office.

Mugane argued that the Acting Inspector General consistently violated Chapter 6 of the Constitution and the Leadership and Integrity Act.

"Anytime served in office by Masengeli after his conviction is nothing but a gross mutilation and dismemberment of the very constitution that we so much pride in and in whose defence he swore to uphold," the advocate said.

Acting Police Inspector General Gilbert Masengeli during a past event.
Acting Police Inspector General Gilbert Masengeli during a past event.
Photo
National Police Service

He now wants the court to issue an order stopping Masengeli from performing the duties of an Inspector General in any capacity.

Last Friday, Masengeli was sentenced to six months in prison after being found guilty of contempt of court. This came after the IG snubbed court summons a record seven times.

His sentencing was followed by a string of controversial events, as Justice Lawrence Mugambi, who sentenced him to six months imprisonment, had his security detail withdrawn.

Masengeli said on Monday that the officers were recalled "for purposes of attending VIP security courses", and Mugambi would have his security reinstated.

The Acting IG is now in a precarious situation as he seeks to suspend the jail sentence. With his sentence set to take effect on Friday, the Court of Appeal has pushed the hearing of his application to next week.

In his appeal, Masengeli has claimed to have been unfairly targeted and was sentenced without a hearing.

According to Justice Mugambi, Masengeli's best bet at the moment is to take advantage of a seven-day grace period to avail himself in court in person to plead his case.

"As a court I wouldn't want to be unfair to anyone. I've done more than I could to accommodate him. I gave him more than fair chances. I even accommodated him on the last day,"  the judge said.

Lawrence
High Court Judge Lawrence Mugambi.
Photo
File