- Justice Mugambi considered Masengeli's apology and sincere responses during cross-examination
- Ruling came after Masengeli expressed regret for his actions and pleaded for leniency, acknowledging respect for the judicial process
- Masengeli further distanced himself from the release of the Kitengela abductees and explained his absence during court sessions
The High Court in Nairobi has revoked its earlier decision to sentence Deputy Inspector General of Police, Gilbert Masengeli, to six months imprisonment for contempt of court.
Justice Lawrence Mugambi, while delivering the verdict on Friday, stated that the court had considered Masengeli's apology, which he offered during a hearing.
The judge noted that Masengeli was cross-examined by lawyers, and his responses appeared sincere.
"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," remarked Justice Mugambi.
"It is not the work of the court to punish a genuinely remorseful man," he added.
Masengeli's apology
The ruling came shortly after Masengeli expressed regret for his actions that had led to the contempt charge.
READ: Gilbert Masengeli's Biography - Career in NPS, salary, education, awards
He pleaded with the court for leniency, acknowledging his respect for the judicial process and its role in upholding the law.
"I apologise to the court for the events that have transpired leading to the orders of this court. My lord, I respect you for the good work that you do to uphold the rule of law. I pray that this court accepts my apology," Masengeli said during his plea.
The Deputy Inspector General further distanced himself from any involvement in the release of the three Kitengela abductees, Bob Njagi, Jamil Longton, and Aslam Longton, explaining that he only learned about their release during the court session.
Genuine remorse
The court reflected on whether Masengeli had demonstrated genuine remorse. Justice Mugambi noted that Masengeli explained his absence during multiple court sessions, citing a conflict between his national security duties and court obligations.
However, the judge pointed out that Masengeli had not clarified why he missed the 9th of September 2024 hearing, a date he had personally committed to attending.
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"The question thus becomes, having listened to Mr. Masengeli, is the court satisfied that he is sincerely and genuinely apologetic for the circumstances that led to his conviction and sentence for contempt of court?" Justice Mugambi pondered.
After reviewing Masengeli's explanation, the court accepted his apology, acknowledging that the police officer had purged his guilt.
"Masengeli through this purging process has purged his guilt for the contempt of court, and thus both the conviction and sentence passed are set aside," stated the judge.
Recusal of the judge
Following the decision to set aside the conviction and sentence, Justice Mugambi announced his recusal from any further involvement in the case, citing personal reasons.
"I am making my decision to recuse myself from further proceedings of this case for personal reasons," Justice Mugambi concluded.