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It was a day of drama yesterday as former acting Inspector General of Police Gilbert Masengeli made desperate last-minute efforts to get a six-month prison sentence imposed on him last week quashed.

A meek-looking Masengeli, who for three weeks had exuded the aura of an arrogant and above-the-law figure, was on his knees begging a court to accord him the opportunity to appear before Judge Lawrence Mugambi, the same one he had snubbed seven times.

With the seven-day window accorded to him by Justice Mugambi elapsing by midnight yesterday before the sentence became effective, Masengeli pleaded with the court to give him a hearing.

Through lawyers Cecil Miller and Steve Ogolla, Masengeli – who has now retreated to his office of Deputy Inspector General of Police for Administration Police, after David Kanja was sworn-in yesterday as Inspector General – informed Justice Chacha Mwita that he was ready to appear in court between 12pm and 2pm.

Out of desperation, Miller, who appeared before Justice Mwita by video link, asked the judge to direct that his client appear physically before Justice Mugambi.

Three-judge bench

But luck was not on his side. His last-minute efforts were dashed by Justice Mwita, who insisted that Justice Mugambi’s diary was full yesterday as he was on a three-judge bench hearing another matter.

Miller told the judge that his client had been ready since morning to appear and table important documents related to the case. “We are praying that you give directions so that we appear before Mugambi today. The sentence for my client will take effect if he does not appear before the judge today.”

To which the judge responded: “The matter was mentioned today before me, since the trial judge is before another bench. If you ask me to allocate the matter before him, I am not aware whether the judge is available. How do I establish whether the judge is available today?”

Justice Mwita ordered the file be placed before Justice Mugambi today so that he could order when and what times the parties should appear.

Meanwhile, the Law Society of Kenya (LSK) and lawyer Nelson Havi, who is representing the Kenya National Commission on Human Rights, requested that the matter be mentioned next week.

Havi told the court that he was in Western Kenya and could not make it back to Nairobi on such a short notice.

Last evening, Havi said Masengeli had the opportunity to explain to the court why he failed to honour summons.

“But there is also the matter of habeas corpus, where he is required to produce the three missing Kitengela boys – Boby Njagi, Aslam Longton and Jamil Longton,” Havi said. “The police boss has not produced the boys as ordered by the court, nor has he shown any efforts to do so or shown what steps he is undertaking to find them. We shall still oppose his apology to the court over contempt.”

Masengeli was handed a six-term jail sentence on September 13 for contempt of court, but the sentence was suspended for seven days to give him a chance to appear personally and explain the whereabouts of three political activists alleged to have been abducted in Kitengela.

The Court of Appeal on Wednesday declined Masengeli’s plea to suspend the prison sentence 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 would 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 had said.

The judges moved the hearing after the LSK indicated it was not ready to proceed.

The court had received two appeals – one by the Attorney General and another by Masengeli.

In his application filed by Miller, Masengeli argued that Justice Mugambi had convicted him without considering the plea he had filed in the court. He had asked the High Court to suspend the sentence pending the 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 [Masengeli] cannot send representatives to explain why the order requiring the production of the missing persons had not [been] complied with,” court papers said.

Masengeli accused Justice Mugambi of bias, saying the court summons did not require him to attend personally.

“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.