BY SAM ALFAN.
Senior counsel Ahmednasir Abdullahi and former Law Society of Kenya Nelson Havi have expressed dissatisfaction in the manner in which High Court judge Lawrence Mugambi handled the matter of Deputy Inspector General of Police Gilbert Masengeli.
Ahmednasir said Masengeli saga had left the Judiciary totally damaged and left the reputation of justice Mugambi in tatters.
According to the lawyer, the Court was obviously intimidated and clueless.
He also turned the heat on Chief Justice Martha Koome saying she deliberately turned a blind eye “to this epic capitulation or capture of the Court”.
Havi said that Judge Mugambi succumbed to State threat to set embattled DIG Masengeli free this evening.
In a long post on X, Ahmednasir questioned where Justice Mugambi find jurisdiction to sit on appeal on the 6 months sentence he previously imposed?
“What really happened behind the scenes that forced Justice Mugambi to literally run away from his judgment? …iko maneno!
Ahmednasir, a fierce critic of the Supreme Court noted that such was the problem with the Kenyan courts.
Justice Mugambi heard a contempt of court application seeking to hold Masengeli in contempt of court. He heard all the parties, and after evaluating the evidence and law sentenced, Masengeli to 6 months prison sentence.
Masengeli was dissatisfied with the Court’s judgment and appealed to the Court of Appeal as of right. The Court of Appeal refused to grant him a stay of the prison sentence.
“Masengeli came back to the High Court to surrender so that he serves his prison term. Then suddenly, some shenanigans start occurring, Kenyan style. Then we suddenly hear that Masengeli wants to apologise to the court as if the contempt was something personal to the judge. He then apologises, and Justice Mugambi shredded his previous judgment and threw it into the dustbin,” said Ahmednasir.
“Once he was sentenced, how does the issue of apology arise?”
Havi said Judge Mugambi cannot sit on appeal of his decision and set aside the sentence and conviction of Gilbert Masengeli.
“As expected, the Judge succumbed to threats from the State. It is a manifestly erroneous decision that must be challenged on appeal for legal posterity,” said Havi.
According to Havi, the judge is not bold enough to sustain the sentence Masengeli.
“There are however great gains in this fight. It has secured the release of Bob Micheni Njagi, Jamil Langton and Nadim Hamed and warned the State that the People are supreme,” Havi adds.
In the morning, Havi had said since Masengeli had already filed an appeal before the appellate court, Judge Mugambi was ceased of the matter because the matter was pending before a superior court.
Havi had earlier exchanged words with Attorney General after he said he found it extremely deplorable that the office of Attorney General would admit there was interference with the judge.
Havi had referred to statement by AG stating that the State made discreet attempts to reach Justice Lawrence Mugambi and explain to him why Gilbert Masengeli could not honour summons to appear in Court.
“It is interference with the Court’s independence,” Havi said.
AG Dorcas Oduor objected to Havi submissions adding that she didn’t say there were attempts to interfere with the judge.
Former LSK President Eric Theuri added his voice saying that Judge Mugambi has done something strange. He has sat on appeal on his own decision & set aside a conviction. Strangely again, he has recused himself from the proceedings for personal reasons. Indeed, we are living in extraordinary times!
From several post on X by difference people including lawyers suggest a number of people are not happy with judge decision to set aside his ruling and sentencing of Masengeli who apologized to the Judge and Judiciary.
Several argue decision by Mugambi to let Masengeli out of the hook by mere explaination will enable any government official to disobey court orders and turn up later armed with affidavit, sworn in ,smile to the judge and will be let free.
People questioned why Attorney General and Solicitor General turned up to defend Masengeli who had his own lawyers from private practice.
