Convicted Police Leader: What Six-Month Jail Means for Acting IG Masengeli
Mr. Masengeli has served as the Acting Inspector-General of Police since July 25. However, the National Police Service Commission (NPSC), responsible for appointing and removing officers, has yet to clarify whether he will remain in his role.
Currently, the police force is facing the contradiction of being led by an individual with a criminal conviction, raising significant legal and ethical challenges.
On Thursday, Masengeli submitted a request to overturn the conviction and sentence by Justice Lawrence Mugambi, just hours before sentencing, but did not obtain a suspension of the judge’s decision.
While Masengeli did not attend court on Friday, his legal team, headed by Cecil Miller, represented him at the sentencing. However, Mr. Miller did not inform the court of any plan to appeal the decision, indicating that Masengeli is relying on his Thursday filing as a last effort to escape the conviction.
Justice Mugambi’s ruling opens the possibility for any Kenyan citizen to challenge Masengeli’s position, both as Acting Inspector-General and in his broader public service role as Deputy Inspector-General of Police.
The judge has temporarily delayed the sentence for seven days, providing Masengeli with an opportunity to resolve the contempt issue. Should he fail to comply, he will need to surrender to authorities to serve his six-month prison term.
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According to the 2015 National Police Service Commission regulations, disciplinary actions, including termination, may be taken against Masengeli if found in violation of institutional rules.
The regulations require the National Police Service to address any violations by officers. If it fails to act, the National Police Service Commission can initiate disciplinary procedures.
Masengeli’s contempt of court conviction may also violate Chapter Six of the Constitution, which mandates all State officers to uphold integrity in their conduct.
Contempt of court undermines the rule of law, a fundamental expectation for all State officials to respect.
Former Law Society of Kenya President Isaac Okero emphasized that all branches of government must fully uphold Justice Mugambi’s ruling.
“We cannot allow those in authority to demand adherence to the law while defying it themselves. All government institutions—the Executive, Legislature, and Judiciary—must support this decision,” Okero stated.
He further added that Masengeli’s fitness to hold office is in question and that he should step down after addressing the contempt issue.
In 2020, former Interior Principal Secretary Karanja Kibicho was sentenced to three months in absentia for contempt of court, but no action was taken to enforce the ruling.
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Similarly, in 2021, then DCI Director George Kinoti was sentenced to four months in prison for defying a court order to return firearms to businessman Jimi Wanjigi. Although Kinoti was ordered to surrender, he avoided imprisonment by appealing the ruling.
Masengeli’s role as acting IG may complicate the execution of any arrest warrant unless the appointing authority suspends him.
Legal expert Paul Mwangi pointed out that courts can issue orders, but enforcement is left to the government and, in this case, the National Police Service. The effectiveness of any ruling depends on their willingness to act.
Lawyer Thomas Maosa highlighted that since the police fall under the executive branch, the court’s ruling may not be enforced, placing the government under scrutiny.
The court orders for Masengeli were initially issued on August 26, compelling him to explain the disappearance of activist Bob Micheni Njagi and brothers Jamil and Aslam Longton. The trio was allegedly abducted by suspected police officers on August 19 in Kitengela and transported in white Subarus. Their whereabouts remain unknown, prompting the Law Society of Kenya to file a petition for their return.
Convicted Police Leader: What Six-Month Jail Means for Acting IG Masengeli
