The Inspector General of Police Gilbert Masengeli has lodged an appeal at the High Court seeking to subvert a recent ruling that sentenced him to a six-month imprisonment.....CLICK HERE TO READ THE FULL ARTICLE>>>
In his petition filed at the Appellate Court, the police boss argued that the ruling was made without considering the application he filed before the court.
Masengeli faulted Justice Lawrence Mugambi for sentencing him despite his earlier response to the court stating that the victims were not under police custody.
According to the acting IG, Justice Mugambi also made a mistake in sentencing him for contempt of court yet he sent representatives to his chambers.
“That the learned Judge erred in law by holding that the Appellant cannot be represented by his recognized agent or advocates to render an explanation as to why the ex parte orders of habeas corpus had not been complied with,” read part of the appeal.
The petitioner further criticised Justice Mugambi for acting without jurisdiction by sentencing the IG without formally notifying him about the contempt of court.
“That by finding the acting Inspector General of Police in contempt of court in the absence of any formal application for contempt, the learned Judge erred in law by making adverse findings on unpleaded issues,” argued the petitioner.
Justice Mugambi was also accused of openly showing bias by setting and applying different standards in analyzing the evidence presented before him against Masengeli.
The decision by the acting IG to appeal comes five days after he was sentencedto six months in prison after he was found guilty of contempt of court.
In his ruling, Justice Lawrence Mugambi ordered Masengeli to surrender himself to the Commissioner General of Prisons to serve his sentence within the next seven days.
The judge further ordered that in the event Masengeli fails to surrender himself, Interior Cabinet Secretary Kithure Kindiki must take steps to ensure Masengeli is committed to prison to serve his sentence.
“Gilbert Masengeli is sentenced to six months imprisonment, he is ordered to submit himself to the Commissioner of Kenya Prisons to ensure he is committed to a prison facility to commence serving sentence,” ruled Justice Mugambi…CLICK HERE FOR MORE ARTICLE>>>
