Acting IG Appeals Six-Month Jail Sentence for Contempt of Court, Claims Judicial Bias

Acting Inspector General of Police Gilbert Masengeli has filed an urgent appeal at the High Court, seeking to overturn a six-month prison sentence handed down by Justice Lawrence Mugambi. The ruling, which found Masengeli guilty of contempt of court, has sparked a legal battle that now threatens to deepen tensions between Kenya's judiciary and security services.

Masengeli, in his petition, criticized the court for delivering the ruling without considering his earlier response and defense. He argued that Justice Mugambi erred in law by refusing to accept the representation of his agents and failing to acknowledge that the individuals in question were not under police custody. The police boss also claimed that the judge acted without jurisdiction, issuing the contempt ruling without any formal notification or application for contempt.

"The learned Judge erred in law by making adverse findings on unpleaded issues," Masengeli's appeal reads, adding that Justice Mugambi displayed clear bias by applying different standards when analyzing evidence.

The acting IG's appeal follows a ruling in which Justice Mugambi ordered Masengeli to surrender to the Commissioner General of Prisons within seven days or face forcible commitment by Interior Cabinet Secretary Kithure Kindiki. This ruling came after the court found him in contempt for failing to comply with ex parte orders of habeas corpus.

This legal showdown sets the stage for a high-stakes battle that could have far-reaching implications for both the judiciary’s authority and the leadership of the police force. With the appeal now before the High Court, all eyes are on the judicial system as it weighs Masengeli's claims of bias and wrongful sentencing. The outcome of this case could reshape the balance of power between the country's legal and security apparatuses.