BY SAM ALFAN.
The acting Inspector General of Police Gilbert Masengeli has been ordered to personally appear in court on Thursday for punishment for disobeying a judge’s directive.
Justice Lawrence Mugambi ordered Masengeli to appear in court after failing to appear in court to explain the disappearance of an activist and two brothers.
“The IG has not explained to this court why he failed to comply with the court orders. I hereby order that he appears in person to purge the contempt before this case proceeds further,” ruled Judge Mugambi.
The judge noted that the police boss failed to appear in court on three occasions purporting he was attending official duties.
The judge said he was giving the acting IG last opportunity before sending him to jail over failure to obey court orders.
The police boss was summoned to explain the whereabouts of activist Bob Michemi Njagi and brothers Jamil Longton Hashim and Aslam Longton.
Late last month, the court issued directing IG,DPP, Attorney General,DCI and NIS to immediately release or produce Bob Michemi Njagi,Jamil Longton and Hashim Longton before any Court of competent jurisdiction to make such orders as may be appropriate to uphold the rights and fundamental freedoms of the three.
The three disappeared after hosting an X space and were allegedly picked up by police officers who bundled them in unmarked motor vehicles.
They were picked up for allegedly spearheading the mobilisation of youthful protesters pushing for good governance in the country prompting.
Their disappearance prompted Law Society of Kenya to sue the National Intelligence (NIS) IG and Attorney General to produce them.
The LSK says the three missing men were singled out from many Kenyans demonstrating on the streets and have been denied their freedom of association.
LSK President Faith Odhiambo told the court that the missing persons were picked by people driving Subaru and we know who uses these Subarus.
According to court documents, Over the past few months, the Country was engulfed in country wide protests by youth advocating for better governance.
That the government in response attempted to forcefully and extra judicially quell the protests through illegal arrests, abductions and unwarranted detentions and even worse through death.
Several people have been reported to have either died, injured, and others disappearing in unclear circumstances.
“Several reports have been made that the Michemi and the Kitengela brothers were abducted by armed police officers, taken away are held in communicado at undisclosed locations contrary to the constitutional safeguards,” state the court documents.
LSK commenced the suit on its own motion and on behalf of the three missing people pursuant to Article 22 (2) (a) and (c) of the Constitution seeking an order of habeas corpus for the production of the 2 to 4th petitioners who were arrested by Armed Police Officers on 19th August 2024 and have not been produced in any court of law nor is their location known to their family and friends.
“Unless the Court intervenes at the earliest the Respondents’ impunity and disregard for the rule of law will be entrenched and it will be the public that will suffer as their rights will not only be violated but limited contrary to the constitutional guarantees bestowed in the Bill of Rights,” LSK told the court.
The court heard it is in the interest of justice and fairness that the court be pleased to issue the orders sought herein to protect the three individuals constitutional rights.
Judge Mugambi heard that the three being active citizens on social media platforms sensitized the youth to come out in large numbers and to advocate for the rejection of the finance bill in totality and to actively participate in the countrywide protests agitating for change in the country.
