The ruling was made by High Court Judge Lawrence Mugambi on September 13, 2024, following Masengeli’s repeated absences from court to explain the circumstances surrounding the disappearance of three individuals believed to have been abducted by police officers in Kitengela.
Justice Mugambi described Masengeli’s snub as a serious undermining of the rule of law.
The judge stated, “Impunity and open defiance will not be allowed,” emphasising the need for accountability from public officials, particularly those in law enforcement.
The case arose from the abduction of activist Robert Njagi and brothers Jamil and Aslam Longton, who went missing on August 19, 2024.
Their families sought legal intervention after the police failed to provide information about their whereabouts.
Despite being ordered to appear in court, Masengeli sent his deputy, Eliud Lagat, to represent him on several occasions, which the court deemed insufficient.
In his defense, Masengeli’s legal team argued that he was engaged in critical security operations.
However, this explanation did not satisfy the court, which had previously extended opportunities for Masengeli to comply with its orders.
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The Law Society of Kenya (LSK) and other legal representatives had called for a stringent penalty, urging the court to impose the maximum sentence to reflect the seriousness of Masengeli’s defiance.
The judge’s decision to impose a six-month sentence aligns with the provisions of the Contempt of Court Act, which allows for imprisonment for such offenses.
