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In a bid to ease escalating tensions between Kenya’s Judiciary and the National Police Service (NPS), President William Ruto Wednesday urged both institutions to collaborate for the nation’s benefit, emphasizing their shared mandate to serve the Kenyan people.
The President’s appeal followed a contentious legal standoff involving acting Inspector General of Police, Gilbert Masengeli. Last Friday, High Court Judge Lawrence Mugambi sentenced Masengeli to six months in prison for contempt of court after he failed to appear before the court on seven separate occasions. Masengeli had been summoned to explain the disappearance of three individuals—Bob Micheni Njagi, and brothers Jamil and Aslam Longton—who went missing on August 19, 2024, reportedly abducted by police during Gen Z-led anti-government protests in Kitengela.
Judge Mugambi ordered Masengeli to present himself to the Commissioner General of Prisons but noted that the sentence could be avoided if he appeared in court within seven days to provide an explanation. “In the event he doesn’t submit himself, the Interior Cabinet Secretary must take all steps to ensure he is committed to prison to serve the sentence,” the judge stated.
In a move that further strained relations, Justice Mugambi’s security detail was withdrawn shortly after the ruling. Masengeli claimed the officers were reassigned “for purposes of attending VIP security courses.” This action drew sharp criticism from Chief Justice Martha Koome, who condemned it as an assault on judicial independence and a violation of constitutional principles.
“Withdrawing the security of a sitting judge following a judicial decision that displeased certain authorities is deeply concerning,” Koome said during a press conference. “It sends a chilling message that those entrusted with upholding justice can be intimidated or retaliated against for their rulings.”
Koome urged the NPS to immediately restore Justice Mugambi’s security and fulfill its constitutional duty to respect and enforce court decisions. She emphasized that any dissatisfaction with a judicial ruling should be addressed through proper legal channels, such as filing an appeal. “Retaliatory measures against a judge have no place in a democratic society,” she added.
Amid these developments, President Ruto addressed the issue during the launch of a framework for implementing police reforms at the Kenya School of Government in Kabete, Nairobi. He underscored the importance of cooperation between the Judiciary and the NPS, despite their constitutional independence.
“The National Police Service is an independent institution, and so is the Judiciary; but ultimately, we have one master: the people of Kenya,” Ruto stated. “I ask for more collaboration and working together. The independence we enjoy must look at how we can work interdependently for the good of Kenyans.”
The President reiterated the need to uphold the rule of law as a cornerstone of democracy. “Let us not focus on what is good for one sector but what is good for the greater good of Kenyans,” he said. “We must defend our democracy and the rule of law while ensuring we work for the common good.”
In a gesture that seemed to heed the President’s call for unity, Masengeli’s legal team informed the court that he was willing to appear before Justice Mugambi to address the contempt charges. Advocates Cecil Miller and Steve Ogolla requested an expedited hearing, noting that the six-month jail sentence was set to take effect imminently.
Due to Justice Mugambi’s involvement in another case, the matter was placed before High Court Judge Chacha Mwita. However, Judge Mwita directed that the file be returned to Justice Mugambi for further directions, as he was unavailable at that moment.
Legal experts and civil society organizations have expressed concern over the implications of the standoff.
Masengeli finally appeared in court Friday, September 20, and apologized for the contempt of court and promised to obey the court orders going forward.
“I humbly apologize to this Honourable Court for breaking orders and undertake to comply in the future. The non-attendance in court, however, was not intentional but rather due to operational challenges” he stated in an affidavit. He explained that his absence from court was due to critical security operations in Lamu and Marsabit, which he was involved in.
Interestingly, the three missing men were found the same Friday, dumped in Kiambu County, just a few hours before Masengeli appeared in court.
Faith Odhiambo, President of the Law Society of Kenya (LSK), confirmed that brothers Jamil and Aslay Longton were found safe after being dumped in Gachie, Kiambu County.
“I am informed that Jamil Longton and his brother Aslam were dumped at Gachie border of Kiambu and Nairobi by their captors. Every prayer and intervention made a difference. We thank God that they are safe!” She posted on her X account.
Activist Bob Njagi was also found in Tigoni, Kiambu County.His father, Longman Njagi, confirmed the news to the press Friday morning. “I received a call late last night from Tigoni police station informing me that Bob had been found alive,” Njagi said. Bbb
The Law Society of Kenya (LSK), which filed the initial petition regarding the missing individuals, had demanded transparency and accountability from the police. “We call upon the National Police Service to provide a full account of the whereabouts of Mr. Njagi and the Longton brothers,” said LSK in an earlier statement. “Their families deserve answers, and justice must be served.”
The disappearance of the three activists had intensified scrutiny of police conduct, especially amid recent youth-led protests against the government. Human rights organizations have documented a series of alleged abuses by law enforcement during these demonstrations, raising alarms about excessive force and unlawful detentions.
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