Acting Inspector General of Police Gilbert Masengeli has been ordered to appear in court today at 3pm or face a contempt of court conviction for failing to appear in court as expected with regard to the allegation of disobeying court orders to appear in court in person to explain whereabout of three activists abducted at Kitengela.
The court was told that the Acting IG was away for a workshop in Mombasa and could therefore not attend court. The Advocate representing the IG requested to have the case adjourned to Monday to avail the IG in Court.
This is the third time in a row the Acting IG has failed to appear before the court as ordered.
The court sought his audience so that he could explain why he should not be held in contempt of court over a missing activists.
On Tuesday, Justice Lawrence Mugambi said he would give him a chance to defend himself before stipulating the consequences of disobeying court orders.
“The court has to assert its authority on maintenance of rule of law where deliberate disobedience of its orders has been demonstrated. However this is a power that must be exercised with utmost care,” said Mugambi.
The court was expecting Masengeli to appear in court on Tuesday for questioning over the disappearance of three people in Kitengela two weeks ago. But he did not.
The Judge was informed by his legal team that he is out of office on official duties.
But the LSK through its boss Faith Odhiambo said the IG is still in contempt after being summoned to appear in court.
They wanted a warrant of arrest issued against him.
“He has disrespected the court by ignoring the Bill of Rights. The families of the petitioners have not seen or heard anything pertaining to their kins, they are dismayed,” she added.
Judge Mugambi agreed with the LSK that every person is entitled to enjoy rights and fundamental freedoms.
He said it is the duty of the state to protect rights and fundamental freedoms in the Bill of Rights.
“This is a country led by rule of law not the minds of men. The court has teeth and can bite. Those that deliberately ignore court orders must be ready to face the consequences,” said the Judge.
He however allowed the IG to defend himself before issuing any further orders.
