Deputy Administration Police Inspector General Gilbert Masengeli now says he is ready to appear before court within 7-day grace period to avert 6-month jail sentence set to end tomorrow.....CLICK HERE TO READ THE FULL ARTICLE>>>
His lawyers Cecil Miller and Steve Ogolla informed justice Chacha Mwita that he was able to appear before court between 12pm and 2pm.
However, Justice Mwita said that Justice Lawrence Mugambi is handling another case where he is a member of a court bench and that the papers be presented before him tomorrow for further directions.
“We are praying that you give directions so that we appear before Mugambi today,” Advocate Cecil Miller.
Masengeli was handed a six-term jail on September 13 for contempt of court however the sentence was suspended for seven days to give him a chance to appear personally to explain the whereabouts of three political activists alleged to be abducted in Kitengela.
The court of appeal on Wednesday declined Masengeli’s application to suspend the 6-month jail sentence imposed on him pending a hearing.
A three-judge bench consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir rejected the request by Masengeli’s legal team on Wednesday.
The judges said a three-judge bench will hear Masengeli’s request, which the trio deemed “reasonable”, on a date determined by the court’s President, Justice Daniel Musinga.
“We feel it’s a reasonable request. They have two days within which to file their responses. Both applications will [be] heard together next week,” the bench said.
The judges moved the hearing the Law Society of Kenya (LSK) indicated it was nit ready proceed.
The court was in receipt of two appeals; one by the Attorney General and another by Masengeli.
In his application filed by lawyer Cecil Miller, Masengeli argued that Justice Mugambi convicted him without considering the application he had filed before the court.
He had asked the High Court to suspend the sentence until his case pending determination of the matter.
The IG argued the court made the decision in the absence of any formal application for contempt.
“The judge erred by holding that he (Masengeli) cannot send representatives to explain why the order requiring the production of the missing persons had not [been] complied with,” read court papers.
Masengeli accused Justice Lawrence Mugambi of bias saying the court summons did not require his personal attendance.
“It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis,” Masengeli’s lawyers told court.…CLICK HERE FOR MORE ARTICLE>>>
