On Friday, the High Court in Nairobi reversed its previous decision regarding Deputy Inspector General of Police, Gilbert Masengeli.
Justice Lawrence Mugambi, presiding over the case, set aside the initial ruling that would have seen Masengeli serve a six-month prison sentence.
Apology and Cross-Examination
The pivotal factor in this reversal was Masengeli’s apology, which he presented before the court during the hearing. Justice Mugambi noted that the apology appeared to be sincere and was thoroughly examined.
The judge explained,
“Masengeli underwent cross-examination by advocates, and his responses seemed genuine. The court found his apology to be convincing, which played a significant role in our decision-making process.”
The court had previously denied Masengeli’s bid to suspend his jail term.
Court’s Intention and Reasoning
Elaborating on the court’s perspective, Justice Mugambi stated, “
“The intention of the court was not to punish Masengeli for the sake of it but to ensure that the sentence restores the dignity and the authority of this court.”
The judge further emphasized the court’s approach to justice and remorse, saying,
“It is not the work of the court to punish a genuinely remorseful man.”
Recusal and Future Proceedings
In a final noteworthy development, Justice Lawrence Mugambi announced his decision to recuse himself from the case following the ruling.
This self-removal from further involvement in the matter ensures the continued impartiality of the judicial process and opens the way for fresh perspectives in any potential future proceedings related to this case.
After the initial ruling earlier in the week, it was reported that Justice Mugambi’s security had been withdrawn, but Masengeli cited that the officers had been sent for training.
