The High Court has set aside its decision to convict the Deputy Inspector General of Police Gilbert Masengeli to six months in prison.
Justice Lawrence Mugambi in his ruling on Friday, September 20 said he was convinced that Masengeli regretted his actions after he apologised to the court to wipe out the contempt.
Mugambi pointed out that the court’s intention was not to punish Masengeli, but to ensure that the sentence restored dignity to the court.
“The intention of the court was not to punish Masengeli for the sake of it but to ensure that the sentence restores the dignity and the authority of this court,” stated Justice Mugambi.
“It is not the work of the court to punish a genuinely remorseful man,” the judge added.
At the same time, Justice Mugambi recused himself from the case for personal reasons best known to him.
Masengeli appeared in court on Friday and expressed remorse for his contempt of court and asked for forgiveness.
“I would like to apologize to the Lordship and the Judiciary for the events that have transpired leading to the orders of contempt of court. As a police officer, it is my duty to enforce court orders and that they are obeyed. Accept my apology,” he said.
Masengeli also explained that his involvement in security operations in northern Kenya and the Coast region contributed to his inability to attend the scheduled proceedings.
The High Court judge had sentenced the deputy IG to six months in prison for persistently failing to respond to a court summons over the abduction of three men from Kitengela, Kajiado County.
The three Bob Njagi, Jamil Longton, and his brother Aslam Longton were kidnapped in August but were freed on Friday morning.
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