Justice Lawrence Mugambi Sets Aside Gilbert Masengeli's Prison Sentence, Recuses Himself From Case

• Deputy Inspector General of Police Gilbert Masengeli's six-month prison sentence for contempt was set aside by the High Court
• Justice Lawrence Mugambi acknowledged Masengeli's genuine remorse and satisfactory explanation for his absence during the court summons
• The judge noted Masengeli's polite demeanour and expressed that his conduct restored the dignity of the court and the administration of justice
• Justice Mugambi recused himself from the case, citing personal reasons without providing further details, and the file will be reassigned to another judge

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - Deputy Inspector General of Police Gilbert Masengeli can breathe a sigh of relief after the High Court set aside his six-month prison sentence.

Justice Lawrence Mugambi nullified the sentence for contempt of court after Masengeli failed to appear when summoned.

In a ruling delivered on Friday, September 20, Justice Mugambi said Masengeli had provided a satisfactory explanation for his absence and expressed genuine remorse for his actions.

Justice Mugambi acknowledged the apology offered by the senior police officer, noting that his demeanor was polite and respectful during the proceedings.

"I have noted that the demeanor of the contemptnor was polite and genuine, and that he indeed regretted his actions. My observation is that his answers appeared genuine; he was calm and polite.

"His conduct today has restored the dignity of the courts and the due administration of justice, by attending court and explaining the circumstances that caused him not to comply," Justice Mugambi stated.

Masengeli, who had previously been convicted for disobeying a court order, admitted that he might have made an error in judgment by prioritising other duties over the court summons.

In addition to quashing the sentence, Justice Mugambi stressed that the court does not aim to punish those who are genuinely repentant.

Why did Justice Mugambi recuse himself?

In a surprising turn of events, Justice Mugambi recused himself from any further involvement in the case.

While delivering his decision, he explained that his decision was based on personal reasons and did not delve into specific details.

"I am happy to note from the LSK that the three Kenyans, the subject of this petition, have been found. Having said so, and considering everything else, I am making my decision to recuse myself from the further proceedings of this case for personal reasons," said the judge.

He explained that the case file would be placed before the presiding judge for reassignment to another judge.

Why did the court earlier reject Masengeli's application?

Earlier, Masengeli's troubles deepened after the High Court rejected his desperate attempt to apologise and delay his sentence.

In a hearing, Masengeli, through his lawyers Steve Ogolla and Cecil Miller, sought to appear before Justice Mugambi to offer an apology.

However, the court firmly dismissed the request, which was viewed as a bid to stave off his impending six-month jail term.

Proofreading by Mercy Nyambura Guthua, journalist and copy editor at TUKO.co.ke

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