The Court of Appeal has dealt a blow to Acting Inspector General of Police Gilbert Masengeli by rejecting his bid to suspend a six-month jail term.
On Wednesday, September 18, Masengeli approached the Court of Appeal in an attempt to overturn a sentence handed down by High Court Judge Lawrence Mugambi.
The acting police chief’s legal team argued that the original ruling was flawed, claiming that Justice Mugambi had not given due consideration to an application filed by Masengeli before passing judgment.
This comes after the security detail of Justice Mugambi was withdrawn following the sentencing of Masengeli to 6 months in prison for contempt of court.
Masengeli’s Legal Argument
At the heart of Masengeli’s appeal was a contention regarding legal representation. His legal team asserted:
“That the learned Judge erred in law by holding that the Appellant cannot be represented by his recognized agent or advocates to render an explanation as to why the ex parte orders of habeas corpus had not been complied with.”
This argument suggests that Masengeli believed he had been unfairly denied the opportunity to explain, through his legal representatives, why certain court orders had not been followed.
Appeal for Suspension of Sentence
In his application to the Court of Appeal, Masengeli pleaded for a suspension of his sentence.
His request was for the six-month jail term to be put on hold until his case could be fully heard and a final determination made.
This move was clearly aimed at avoiding immediate incarceration while pursuing further legal avenues.
Despite the efforts of Masengeli’s high-profile legal team, which included renowned attorney Cecil Miller and State Counsel Emmanuel Bitta, the Court of Appeal judges stood firm.
The panel, consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir, rejected the request for a temporary halt to the sentence pending appeal.
Next Steps in the Legal Process
While declining to suspend the sentence, the Court of Appeal has not closed the door on Masengeli’s case entirely.
The judges have ordered that his appeal be heard promptly, scheduling it for the following week.
This hearing will be conducted by a bench specifically appointed by the president of the Court of Appeal, underscoring the significance of the case.
