PREVIEW
Masengeli sentenced to six months after refusing seven separate orders to testify on kidnappings of Generation Z protesters
The jailing of Inspector General of Police Gilbert Masengeli for repeatedly refusing to testify on the whereabouts of three activists who were allegedly kidnapped by the police during the Generation Z protests will be a major test case of whether Kenya’s culture of impunity has changed.
Masengeli, who was appointed as acting Inspector General in July after Japhet Koome’s resignation following the protests, was convicted of contempt of court and faces a six-month prison sentence after refusing seven separate orders to appear before court (AC Vol 65 No 15, Ruto struggles to regain control).
The case against Masengeli is the result of a suit filed by the Law Society of Kenya, which is seeking a court order for the release of three men who it said were taken by the police in August and have not been heard from since.
Dozens of activists believed to have been involved in the Generation Z protest movement were abducted in June and July, in a campaign that it alleged to have been coordinated by the police and government. Many protesters are still missing.
Less than 48 hours after Masengeli was sentenced, the security detail and driver of Lawrence Mugambi, the High Court Judge presiding over the case, were ordered to be withdrawn, a move which Chief Justice Martha Koome described as ‘direct assault on judicial independence’.
The sentence was suspended for seven days to give Masengeli a final chance to appear in court and give evidence before having to report to jail.
Along with police violence and intimidation, the impunity of senior police and law enforcement officers, as well as politicians, is deeply ingrained. George Kinoti, former Director of Criminal Investigations, and Karanja Kibicho, former Interior ministry chief civil servant, in 2021 and 2016 respectively, were also handed jail sentences for contempt but appealed and never served their sentences (AC Vol 63 No 18, Kenyatta's securocrats cast into the cold).
Nor does the conviction necessarily have any implications for Masengeli’s job security. He remains in post, though petitions demanding his dismissal are likely to be filed in the coming days.
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