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The Independent Policing Oversight Authority (IPOA) has condemned the actions of Acting Inspector General of Police Gilbert Masengeli for failing to comply with court summons.

Masengeli was sentenced to six months in prison on Friday, September 13, 2024, by High Court Judge Lawrence Mugambi after neglecting to explain the whereabouts of Kitengela activist Robert Bob Njagi and two brothers, Jamil and Aslam Longton.

In a statement released today, IPOA expressed concern over the implications of Masengeli’s actions.

“The authority notes that in the cited matter presided over by Justice Hon. Mugambi, the High Court issued several summons to the Ag. IG, which were not honoured. This culminated in the Ag. IG being found in contempt of court and was subsequently sentenced.” the statement read

IPOA emphasized that failure to respond to court summons is unlawful and violates Article 244 of the Constitution.

The authority warned that such actions set a troubling precedent that could foster impunity and undermine the rule of law.

“Failure to honour summons is unlawful and violates Article 244 of the Constitution. It sets a dangerous precedent that encourages impunity and disregard for the rule of law,” the statement continued, signed by CEO Elema Halake.

In addition, IPOA has initiated an investigation into the withdrawal of security for Justice Mugambi following Masengeli’s sentencing.

“In view of the foregoing, the Independent Policing Oversight Authority, on its own motion, has instituted investigations into the alleged withdrawal pursuant to Section 6 of the Independent Policing Oversight Authority Act, Cop 86 Laws of Kenya. The investigations will inform recommendations, including but not limited to prosecution, where culpability is established,” the statement read.

This development comes a day after Chief Justice Martha Koome criticized the National Police Service for withdrawing the judge’s security, describing it as a direct assault on judicial independence.

“In the wake of this ruling, a disturbing action was taken by the National Police Service over the weekend: the security details assigned to Hon. Justice Mugambi were disarmed and withdrawn. This deliberate and punitive measure represents a direct assault on judicial independence, an affront to the rule of law, and a violation of the principles enshrined in our Constitution,” Koome stated in her own release on Monday, September 16, 2024.

Koome further argued that any benefits related to a judge’s position, including security, should not be altered detrimentally, especially in retaliation for the lawful execution of their duties.

“Security for Judges is an accrued benefit that cannot be withdrawn whimsically,” she asserted.