The Independent Policing Oversight Authority (IPOA) has condemned actions of failing to honour summons from the courts by acting Police Inspector General Gilbert Masengeli.
Masengeli was sentenced to six months imprisonment on Friday, September 13, 2024, by High Court Judge Lawrence Mugambi. The police boss found himself on the wrong side of the law after he failed to honour the summons to explain the whereabouts of Kitengela activist Robert Bob Njagi and two brothers, Jamil Longton and Aslam Longton.
With the acting IG failing to honour the summons and even order to surrender himself to prison so far, IPOA says this act sets an unwanted precedent.
“The authority also notes that in the cited matter presided over by Justice Hon. Mugambi, the High Court issued several summons to the Ag. IG, which were not honoured. This culminated in the Ag. IG being found in contempt of court and was subsequently sentenced.
“Failure to honour summons is unlawful and violates Article 244 of the Constitution. It sets a dangerous precedent that encourages impunity and disregard for the rule of law,” IPOA said in a statement released on Tuesday, September 17, 2024, and signed by CEO Elema Halake.
IPOA has also launched an investigation to find out why Justice Mugambi’s security detail was withdrawn after sentencing Masengeli.
“In view of the foregoing, the Independent Policing Oversight Authority, on its own motion, has instituted investigations into the alleged withdrawal pursuant to Section 6 of the Independent Policing Oversight Authority Act, Cop 86 Laws of Kenya. The investigations will inform recommendations, including but not limited to prosecution, where culpability is established.
“IPOA is impartial, independent, and fair in all its investigations,” the statement added.
IPOA’s statement comes a day after Chief Justice Martha Koome condemned the withdrawal of security attached to the judge.
“In the wake of this ruling, a disturbing action was taken by the National Police Service over the weekend: the security details assigned to Hon. Justice Mugambi were disarmed and withdrawn. This deliberate and punitive measure represents a direct assault on judicial independence, an affront to the rule of law, and a violation of the principles enshrined in our Constitution.
“Additionally, any benefits or conditions of service related to a judge’s position, including their security, must not be varied to their disadvantage, particularly in retaliation for the lawful execution of their judicial duties. Security for Judges is an accrued benefit that cannot be withdrawn whimsically,” Koome argued in a statement released on Monday, September 16, 2024.
