BY SAM ALFAN.
The Court of Appeal has pushed the hearing of an appeal by acting Inspector General of Police Gilbert Masengeli to next week after Law Society of Kenya (LSK) pleaded for more time to response to the case.
Through lawyer Rebecca Omwenga, the LSK said they were served with the documents on Tuesday evening and therefore, needed time to respond to the application.
Justices Gatembu Kairu, Weldon Korir and Aggrey Muchelule agreed that the application for time was plausible and directed the LSK to file the response within two days.
The judges said the appeal should be listed for hearing on priority basis, next week.
Masengeli filed the appeal arguing that he was condemned unheard by Justice Lawrence Mugambi, when the judge sentenced him to six months in jail for contempt of court.
“The sentence upon the Appellant (Gilbert Masengeli) vide the Ruling of the Superior Court dated 13th September 2024 be varied and substituted with an entry of an Order dismissing or quashing the same,” Masengeli pleaded.
The police boss argued that the judge erred by granting orders of habeas corpus by relying solely on allegations of abduction without proof that activist Bob Micheni Njagi and brothers Jamil and Aslam Longton were indeed held at a police station.
“Accordingly, it is the Applicant’s humble prayer that this Court do allow the Application dated 16th September 2024, and do grant a conservatory order of stay of execution of the decisions and any consequential orders by Justice Lawrence Mugambi dated and delivered on 9th September, 2024 and 13th September, 2024 respectively,” the top cop urged.
Masengeli said he would be unable to recover the time and freedom lost, if he is sent to jail, and his appeal is successful after he has spent time in prison.
He fault Judge Mugambi finding him in contempt of court for falling to attend court, yet he was represented in court through his legal counsels and duly recognized agents.
He further argue that erred in law by holding that Masengeli 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.
According to embattled police boss, the judge erred in holding that the acting Inspector General of Police was in contempt of court in the absence of any formal application for contempt thereby acting without jurisdiction.
“By finding the acting Inspector General of Police in contempt of court in the absence of any formal application for contempt, the Judge erred in law by making adverse findings on un-pleaded issues,” he added.
He accuses Judge gravely erred in law and in fact by showing open bias and setting and applying different standards in analyzing evidence adduced by him on the one hand, and Masengeli’s unsupported aver merits on the other.
