{"id":93579,"date":"2024-09-19T12:04:52","date_gmt":"2024-09-19T12:04:52","guid":{"rendered":"https:\/\/chezaspin.com\/blog\/index.php\/2024\/09\/19\/masengeli-says-ready-to-appear-before-court-as-7-day-grace-period-lapses\/"},"modified":"2024-09-19T12:04:52","modified_gmt":"2024-09-19T12:04:52","slug":"masengeli-says-ready-to-appear-before-court-as-7-day-grace-period-lapses","status":"publish","type":"post","link":"https:\/\/chezaspin.com\/blog\/masengeli-says-ready-to-appear-before-court-as-7-day-grace-period-lapses\/","title":{"rendered":"Masengeli says ready to appear before court as 7-day grace period lapses"},"content":{"rendered":"

NAIROBI Kenya, Sep 19 \u2013 Deputy Administration Police Inspector General Gilbert Masengeli now says he is ready to appear before court within 7-day grace period to avert 6-month jail sentence set to end tomorrow.<\/strong><\/p>\n

His lawyers Cecil Miller and Steve Ogolla informed justice Chacha Mwita that he was able to appear before court between 12pm and 2pm.<\/p>\n

However, Justice Mwita said that Justice Lawrence Mugambi is handling another case where he is a member of a court bench and that the papers be presented before him tomorrow for further directions.<\/p>\n

\u201cWe are praying that you give directions so that we appear before Mugambi today,\u201d Advocate Cecil Miller.<\/p>\n

Masengeli was handed a six-term jail on September 13 for contempt of court however the sentence was suspended for seven days to give him a chance to appear personally to explain the whereabouts of three political activists alleged to be abducted in Kitengela.<\/p>\n

The court of appeal on Wednesday declined Masengeli\u2019s application to suspend the 6-month jail sentence imposed on him pending a hearing.<\/p>\n

A three-judge bench consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir rejected the request by Masengeli\u2019s legal team on Wednesday.<\/p>\n

The judges said a three-judge bench will hear Masengeli\u2019s request, which the trio deemed \u201creasonable\u201d, on a date determined by the court\u2019s President, Justice Daniel Musinga.<\/p>\n

\u201cWe feel it\u2019s a reasonable request. They have two days within which to file their responses. Both applications will [be] heard together next week,\u201d the bench said.<\/p>\n

The judges moved the hearing the Law Society of Kenya (LSK) indicated it was nit ready proceed.<\/p>\n

The court was in receipt of two appeals; one by the Attorney General and another by Masengeli.<\/p>\n

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.<\/p>\n

He had asked the High Court to suspend the sentence until his case pending determination of the matter.<\/p>\n

The IG argued the court made the decision in the absence of any formal application for contempt.<\/p>\n

\u201cThe 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,\u201d read court papers.<\/p>\n

Masengeli accused Justice Lawrence Mugambi of bias saying the court summons did not require his personal attendance.<\/p>\n

\u201cIt is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis,\u201d Masengeli\u2019s lawyers told court.<\/p>","protected":false},"excerpt":{"rendered":"

NAIROBI Kenya, Sep 19 \u2013 Deputy Administration Police Inspector General Gilbert Masengeli now says he is ready to appear before court within 7-day grace period to avert 6-month jail sentence set to end tomorrow. His lawyers Cecil Miller and Steve Ogolla informed justice Chacha Mwita that he was able to appear before court between 12pm […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-93579","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/93579","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=93579"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/93579\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=93579"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=93579"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=93579"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}