Nelson Havi Says Justice Mugambi Will Vacate Masengeli's Jail Sentence: "He's Not Bold"

• Former acting Police Inspector General Gilbert Masengeli was sentenced to six months in jail after being convicted of contempt of court
• In his first appearance in court, Masengeli seemed to convince the court to vacate the sentence by apologising to Justice Lawrence Mugambi and the Judiciary
• Observing the events in court, Lawyer Nelson Havi said it was apparent the judge would set aside the sentence

Eli Odaga, a journalist at TUKO.co.ke, brings more than three years of experience covering politics and current affairs in Kenya.

Nairobi: Lawyer Nelson Havi is not confident embattled former acting Inspector General of Police Gilbert Masengeli will face justice after defying the court.

In a tweet on Friday, September 20, the lawyer representing the Law Society of Kenya (LSK) observed that Justice Lawrence Mugambi had given all indications of not upholding Masengeli's jail sentence.

What Nelson Havi said after Masengeli's apology

Masengeli was sentenced to six months in jail after being convicted of contempt of court after he defied summonses seven times.

But during his first appearance in court, the senior police officer apologised to the judge and pleaded with the court to vacate his sentence.

In response, Justice Mugambi allowed Masengeli a time to redeem himself, after which the sentence could be annulled.

It is on such grounds that Havi believes the judge will not enforce the sentence.

He was, however, upbeat that the trio of missing Kenyans who were abducted last month and who formed the basis of the case had been found safe and sound.

"Justice Lawrence Mugambi is not bold enough to sustain the sentence on Gilbert Masengeli. He will lift it. There are, however, great gains in this fight. It has secured the release of Bob Micheni Njagi, Jamil Langton and Nadim Hamed and warned the State that the people are supreme," said Havi.

Masengeli's woes followed his defiance of court summonses seven times.

He was needed in court to explain the whereabouts of the foregoing Kenyans abducted in Kitengela.

What Masengeli told court in first appearance

Taking the stand, Masengeli, who was confined to an oath, sought clemency from Justice Mugambi, saying his absence in court when needed was not deliberate and that he was held up with work commitments.

He, however, appreciated that obeying and enforcing court orders were among his responsibilities as a police officer.

Explaining the circumstances that caused him to miss court, the former acting IG said he was out of Nairobi when the summonses were initially made.

Seemingly turning lenient to the senior police officer, Mugambi allowed him a week's gap to comply with the court's wishes if he needed the sentence to be vacated.

Proofreading by Asher Omondi, current affairs journalist and copy editor at TUKO.co.ke.