Masengeli apologises to court for snubbing summons
Convicted Deputy Inspector-General of Police (Administration Police) Gilbert Masengeli has apologised for not showing up before Justice Lawrence Mugambi seven times to answer to the whereabouts of three abducted men.
Striking an apologetic tone, Mr Masengeli said it was not a deliberate failure to not come to court.
“I’d like to apologise to the judiciary and court over what transpired. My lord (Justice Mugambi) I respect you. It is my duty to ensure court orders are obeyed,” he said.
Asked why he snubbed the summons, he explained that he was out of Nairobi on official duty but had sent someone to represent him in court.
“On August 26 I was in Coast. I went to Mombasa and Lamu enclave. On August 29, I was in Mpeketoni. On September 3, I was on the Kenya/Somalia border. On September 4, I was enroute to Northern Kenya My Lord,” he said.
Earlier, when he arrived in court, he was accompanied by Attorney-General Dorcas Oduor, his lawyers Cecil Miller, Danstan Omari as well as State Counsel Emmanuel Mbita and Charles Mutinda.
The six-month imprisonment was to start on Thursday at midnight after he failed to appear seven times before Justice Lawrence Mugambi to explain the whereabouts of three men abducted in Kitengela, Kajiado County, on August 19.
The three – activist Bob Njagi and brothers Jamil and Aslam Longton – were on Friday, September 20, found alive, the same day the police boss was due in court.
This was confirmed by former LSK President Nelson Havi who stated that they were released and found at Gachie in Kiambu County.
Sill, Justice Mugambi said he would allow Mr Masengeli to testify on the position of the abductees, as well as explain why he snubbed his court summons.
“Having availed himself before the court, I will be disobeying my orders if I deny him the chance to explain himself.
Masengeli is entitled to be heard,” the judge said.
“The sentence was not merely punitive but coercive. I will thus allow Masengeli to take to the stand and redeem himself,” he added.
AG Oduor urged judge to quash the conviction and set aside the six-month jail sentence.
On Thursday, September 19, Mr Masengeli tried unsuccessfully to appear before magistrate Mugambi, but the judge was presiding over another case before a three-member bench. However, High Court judge Chacha Mwita directed his lawyer Cecil Miller to appear before Justice Mugambi on Friday morning as as scheduled.
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