Nairobi — The Court of Appeal has declined an application to suspend a 6-month jail sentence imposed on Acting Inspector General of Police Gilbert Masengeli pending a hearing slated for next week.
A three-judge bench consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir rejected the request by Masengeli's legal team on Wednesday.
The judges said a three-judge bench will hear Masengeli's request, which the trio deemed "reasonable", on a date determined by the court's President, Justice Daniel Musinga.
"We feel it's a reasonable request. They have two days within which to file their responses. Both applications will [be] heard together next week," the bench said.
The judges moved the hearing the Law Society of Kenya (LSK) indicated it was nit ready proceed.
The court was in receipt of two appeals; one by the Attorney General and another by Masengeli.
In his application filed by lawyer Cecil Miller, Masengeli argued that Justice Mugambi convicted him without considering the application he had filed before the court.
He had asked the High Court to suspend the sentence until his case pending determination of the matter.
'Biased court'
The IG argued the court made the decision in the absence of any formal application for contempt.
"The judge erred by holding that he (Masengeli) cannot send representatives to explain why the order requiring the production of the missing persons had not [been] complied with," read court papers.
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Masengeli accused Justice Lawrence Mugambi of bias saying the court summons did not require his personal attendance.
"It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis," Masengeli's lawyers told court.
Justice Mugambi sentenced Masengeli to six months in jail for repeatedly failing to comply with court summons related to the abduction of three individuals in Kitengela.
Mugambi directed that he submits himself to the Commissioner General of prisons.
He gave Masengeli a seven-day grace period within which he could appear in court to avert the jail term.
"The Acting Inspector General Masengeli can redeem himself by availing himself before this court in person to answer to the issues which he has been avoiding. Failure to do so, the sentence will take effect," said Mugambi.
