Kenya: KHRC Calls for Citizen's Arrest of Masengeli If Kindiki Fails to Act

19 September 2024

Nairobi Kenya — The Kenya Human Rights Commission (KHRC) has called on the public to initiate a citizen's arrest of Deputy Inspector General of Administration Police, Gilbert Masengeli, if Interior Cabinet Secretary Kithure Kindiki does not act to have him committed to prison.

This would occur after the 7-day grace period given to Masengeli by the court expires, leading to his conviction.

Masengeli was sentenced to six months in jail for contempt of court on September 13, but the sentence was suspended to allow him to explain the whereabouts of three political activists allegedly abducted in Kitengela.

KHRC condemned the defiance of court orders by state officials, stating that it hinders the advancement of civil liberties in Kenya. "We urge the public to initiate a citizen's arrest of Masengeli if CS Kindiki fails to take action," the commission said.

Masengeli has expressed readiness to appear in court within the 7-day window to avoid the jail sentence, and his lawyers, Cecil Miller and Steve Ogolla, informed Justice Chacha Mwita that he could appear between 12pm and 2pm. However, Justice Mwita noted that Justice Lawrence Mugambi, who is handling the case, was unavailable and that the papers would be presented to him for further directions.

The Court of Appeal on Wednesday declined Masengeli's request to suspend his 6-month sentence pending a hearing. A three-judge bench, consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir, rejected the application but agreed to hear the matter next week after responses from both sides are filed.

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