The Court of Appeal has postponed the hearing of Gilbert Masengeli’s appeal, despite urgent requests from the acting Inspector-General of Police for an expedited resolution.
Masengeli’s lawyer, Cecil Miller, explained that the appeal was filed under urgent conditions because High Court Judge Lawrence Mugambi had granted Masengeli a grace period until September 20. Without resolution by that date, Masengeli faces a six-month jail sentence for contempt.
In his application, Masengeli argued that requiring him to appear before Justice Mugambi—while challenging the entire decision—was inappropriate and could compromise the integrity and urgency of his appeal.
Masengeli claimed that the High Court judge condemned him without hearing his case, denying him an audience through his “legal and recognized agents.”
“By convicting the applicant without hearing his case, the judge also denied him the right to present a mitigation, despite objections from the applicant’s counsel,” Miller stated in the appeal.
Masengeli further contended that the court “conveniently ignored” an affidavit explaining the police’s position on the missing brothers Jamil and Aslam Longton and activist Bob Micheni Njagi, and insisted on his court attendance.
He argued that his physical presence was unnecessary, as he had already sent Deputy Inspector-General of Police Eliud Langat to represent him and had submitted an affidavit from Directorate of Criminal Investigations officer Kitengela.
“The superior court’s decision condemned me unheard, grossly violating my non-derogable right to a fair trial as provided under Article 25 of the Constitution,” Masengeli added.
He suggested that Justice Mugambi’s decision might have been influenced by external factors. “Moreover, the applicant requests that the honorable court recognize that if he is sent to jail, he will not be able to recover the time and freedom lost if his appeal succeeds after his imprisonment,” Masengeli stated in his affidavit.
Justices Gatembu Kairu, Weldon Korir, and Aggrey Muchelule have rescheduled the matter for next week, following a request by the Law Society of Kenya (LSK) for additional time to respond.
“We have considered the application by the LSK and find it reasonable to grant them sufficient time to file their response,” Justice Kairu said in the ruling.
