Acting Inspector General of Police, Gilbert Masengeli, faces a six-month jail term for missing court appearances on six occasions.
The Law Society of Kenya (LSK), along with various analysts and civil society advocates, is pushing for stricter legal measures if Masengeli continues to defy a High Court directive.
The pressure intensified after Justice Lawrence Mugambi handed down the sentence, following Masengeli’s repeated failure to attend court sessions related to the case of Bob Njagi, Aslam Longton, and Jamil Longton.
These three individuals were reportedly abducted in Kitengela two months ago by alleged police officers.
There is a call for Masengeli to be held personally accountable for his repeated flouting of court orders, with critics labeling him as “a criminal and fugitive” unfit for his current role under the 2010 Constitution.
LSK President Faith Odhiambo condemned Masengeli’s actions, stating that his behavior could set a harmful precedent for law enforcement officials who are meant to uphold justice.
“The court has authority over the Acting IG, and we will explore all constitutional avenues available,” Odhiambo remarked. “The LSK is dedicated to defending the rule of law.”
The High Court had instructed Masengeli to produce the missing men, who were last seen on August 9 in Kitengela, allegedly seized by people claiming to be police officers.
Eyewitnesses, including boda boda riders, witnessed the abduction.
The three victims had been protesting the arrest of Safina Party leader Jimi Wanjigi when they were allegedly abducted.
Njagi, a former ODM official and father of two, was last spotted in a matatu, while the Longton brothers were taken from their vehicle.
“It’s been almost a month. The IG has ignored six court orders demanding information on their whereabouts. This situation is turning Kenya into a mockery,” said Nurwin Fozia, a cousin of one of the victims.
Even though a previous court order demanded the release or production of the three men, authorities have been silent.
Masengeli’s legal team claimed his court absences were due to operational duties in northeastern Kenya.
However, Masengeli’s social media posts showed him attending events, including a concert and the Agricultural Society of Kenya (ASK) show in Mombasa.
The hearing on Monday marked the seventh instance Masengeli missed court.
The prolonged absence has caused distress among the victims’ families, and legal experts are questioning his suitability as head of the police service.
During a visit to Garissa on Wednesday, Masengeli briefly addressed the matter but avoided questions about his conviction for contempt of court.
“We cannot discuss matters before the court,” Masengeli stated, accompanied by DCI boss Mohamed Amin, ATPU chief James Kamau, and Special Operations head Said Kiprotich.
When asked about enforced disappearances, Masengeli spoke about the importance of human rights and the rule of law.
“Human rights must be upheld, and we are governed by the rule of law. We are a democratic nation,” he said.
On Friday, during a court session, Masengeli’s lawyers apologized for missing court dates, attributing it to national security emergencies.
They asked the court to overturn his conviction and suspend the sentence related to his failure to produce the missing men.
Former LSK President Nelson Havi warned that if Masengeli does not appear in court or present himself to the Commissioner-General of Prisons within the next week, his sentence will be enforced.
“According to the court’s ruling, he should report to the Commissioner-General of Prisons. Failure to do so will brand him a fugitive, and we expect Interior CS Kithure Kindiki to take action,” Havi said. “If both Masengeli and Kindiki fail to comply, we will pursue additional constitutional measures.”
The Usalama Initiative, an NGO focused on police reform, criticized Masengeli’s noncompliance, seeing it as part of a broader issue of impunity that began during Fred Matiang’i’s tenure as Interior CS.
“This situation is complex. The IG’s office is under review. The defiance we see today is a continuation of the impunity that began under Matiang’i’s leadership,” said Usalama Executive Director Caleb Wanga.
Wanga suggested that Masengeli might eventually face a personal reckoning for violating the Constitution and warned that the delay in appointing a new IG could complicate matters further.
In a recent appeal to President William Ruto, Abdulrazak Longton, brother of Aslam and Jamil, urged the government to take action.
He reminded the president of his campaign promise to eliminate abductions and assassinations.
The families of the three missing men are becoming increasingly desperate for answers.
“We don’t know what’s happening, and we don’t know if they’re alive,” Fozia said, expressing hope for her missing relatives.
Despite denials from senior government officials regarding the disappearances, the victims’ families remain in the dark, seeking justice and accountability.
Havi noted the irony of a government once committed to fighting impunity now being linked to enforced disappearances and extrajudicial killings.
“The abductions are being carried out by elite units within the security forces. Masengeli may not be directly involved, but as the head of the National Police Service, he must take responsibility,” Havi said.
Wanga described the situation as a complex constitutional dilemma, stating that with Parliament at a standstill, the judiciary is the last stronghold to safeguard Kenyans.
“It is historic. Masengeli seems to be taking orders from others. If he were wise, he would present himself in court,” Wanga said, adding, “He should be aware of his origins and future, especially with the delay in appointing Kanja.”
Odhiambo mentioned that the court’s suspended sentence was meant to give Masengeli a chance to act correctly according to his office as defined by the Constitution.
She urged Masengeli to report to the Commissioner of Prisons and warned that if he fails to do so, the Interior Cabinet should ensure his arrest.
“The refusal to attend court is regrettable. He is setting a poor example for other police officers and is a negative figure for a nation that believes in the rule of law,” Odhiambo said.
Constitutional lawyer Bob Mukangi expressed disappointment with the ongoing issues, noting that even after 14 years since the new Constitution was enacted, Kenya continues to struggle with accountability.
“In other developed nations, the state is accountable for its people, but in Kenya, the state is implicated in harming its own citizens,” Mukangi remarked.
