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Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
Nairobi - Court of Appeal judges have rejected acting Police IG Gilbert Masengeli's application to suspend his six-month sentence.
On Wednesday, September 18, Masengeli moved to court seeking to overturn the sentence by High Court Judge Lawrence Mugambi.
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Masengeli argued that Justice Mugambi convicted him without considering the application he filed before the court.
"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," Masengeli argued.
In his application, Masengeli had pleaded with the Court of Appeal judges to suspend his sentence until the case he filed was heard and determined.
However, Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir rejected a request from Masengeli's legal team, led by Cecil Miller and State Counsel Emmanuel Bitta, to temporarily halt the sentence pending the appeal.
The judges have ordered that his appeal be heard next week by a bench appointed by the president of the Court of Appeal.
Additionally, they have granted the Law Society of Kenya (LSK) two days to file their responses in the matter.
"We feel it's a reasonable request. They have two days which to file their responses. Both applications will be heard together next week," the judges ordered.
Meanwhile, Ugenya Member of Parliament David Ochieng' threatened to introduce a motion for the ouster of Masengeli if he did not resign.
Ochieng' stated that Masengeli is unfit to lead the National Police Service and protect the country following his recent conviction.
In an interview with Citizen TV on Tuesday, September 17, Ochieng' argued that Masengeli’s repeated disregard for court summons—six in total—demonstrates blatant disobedience of the rule of law and makes him unfit for office.
Proofreading by Mercy Nyambura Guthua, journalist and copy editor at TUKO.co.ke
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