Top Police Official in Hot Water Over Spying on Judge in Masengeli Contempt Case
A senior police officer is facing trouble after making inquiries about the whereabouts of a judge presiding over a case where acting Inspector General of Police, Gilbert Masengeli, was found guilty of contempt for ignoring legal orders seven times.
High Court judge Lawrence Mugambi summoned SGB/VIP unit commandant Lazarus Opicho to appear before the court on Friday to explain why he contacted the judge’s driver and bodyguard, seeking information on the judge’s location.
Justice Mugambi expressed concern over the officer’s behavior, describing it as inappropriate and potentially intimidating. He ordered the officer to appear on September 13 to explain.
Meanwhile, the judge found Mr. Masengeli guilty of contempt after he failed to appear in court again, despite previous orders. The judge refused to hear explanations from Deputy Inspector General of Police Eliud Langat, asserting that Masengeli had been given multiple chances to comply with the court’s orders but failed to do so.
The judge emphasized that Masengeli’s deliberate disobedience of court orders undermines the rule of law and justice, adding that failure to appear in court is a direct act of contempt. The acting police chief is now required to appear for sentencing on Friday.
The court first ordered Mr. Masengeli to appear on August 26 to explain the disappearance of activist Bob Micheni Njagi and brothers Jamil and Aslam Longton, who were allegedly abducted by individuals believed to be police officers on August 19 in Kitengela. Since then, their whereabouts remain unknown, leading the Law Society of Kenya (LSK) to file a petition demanding their release.
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Njagi and Jamil had hosted a discussion on X Space, where they raised concerns about government policies. Their abduction is suspected to be linked to their activism.
LSK President Faith Odhiambo, supported by former presidents Eric Theuri and Nelson Havi, called for Masengeli’s punishment. They argued that he repeatedly avoided court by claiming to be involved in security operations, yet was reportedly seen at an agricultural show in Mombasa.
Mr. Havi urged the court to follow the precedent set by justices George Odunga and Luka Kimaru, who convicted senior officials, including former Internal CS Fred Matiang’i, for similar contempt regarding the deportation of lawyer Miguna Miguna. He suggested that Masengeli be fined seven times, representing each instance of court snubbing, with the fine deducted from his salary.
State counsel Charles Mutinda defended Mr. Masengeli, explaining that he was involved in a security meeting in Wajir, though he could not disclose details. Mutinda also pointed to the ongoing terror attacks in Wajir and North Eastern regions, arguing that Masengeli was fulfilling his security duties.
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He claimed that Masengeli sent his deputy to explain the situation regarding the missing individuals, whose families had reported their abduction to the Kitengela police. He denied police involvement in the abductions.
Mutinda requested the suspension of Masengeli’s conviction pending further explanation, but the LSK opposed the motion. The judge, after finding Masengeli guilty, allowed Mr. Langat to address the court, though the LSK and lawyers representing the victims’ families, including Levy Munyeri and Hosea Manwa, objected.
Court evidence showed that Njagi was abducted on August 19, 2024, around 10:40 pm by masked men in the Kasina area as he headed home. The Longton brothers were taken earlier that same day, around 2 pm, near their house in Kitengela, all bundled into a white Subarus and driven to unknown locations.
The LSK sought a habeas corpus order, demanding the release of the three, claiming they were arrested by armed officers. They also accused the government of using unlawful arrests and detentions to suppress protests through extrajudicial means.
Top Police Official in Hot Water Over Spying on Judge in Masengeli Contempt Case
