This decision marks a significant blow to Masengeli, who had hoped to overturn the sentence handed down by High Court Judge Lawrence Mugambi.
Masengeli had challenged the six-month prison sentence imposed on him for contempt of court. He argued that the conviction was unjust as it was made without considering an application he had filed.
According to Masengeli, Judge Mugambi’s decision to convict him was flawed because it did not account for his explanation and defense.
The controversy began when Judge Mugambi found Masengeli in contempt of court. This ruling stemmed from Masengeli’s failure to comply with a habeas corpus order.
A habeas corpus order is a legal measure that demands an individual be brought to court to review their detention status.
Masengeli’s defense team argued that he had sent representatives to explain his actions, yet the court proceeded without considering this.
Masengeli’s legal team, led by Cecil Miller and State Counsel Emmanuel Bitta, appealed to the Court of Appeal to temporarily suspend the sentence while the appeal was being considered.
They contended that Masengeli was not given a fair opportunity to present his case and that the High Court’s ruling was based on procedural errors. They emphasized that Masengeli’s legal rights had been overlooked during the proceedings.
Despite these arguments, the Court of Appeal, consisting of Justices Aggrey Muchelule, Gatembu Kairu, and Weldon Korir, decided to deny Masengeli’s request for a stay of his sentence.
The judges ruled that there were insufficient grounds to halt the six-month term while his appeal was pending.
They have scheduled a hearing for Masengeli’s appeal next week, which will be reviewed by a bench appointed by the president of the Court of Appeal.
The rejection of Masengeli’s request has stirred political reactions. Bumula MP Jack Wanami Wamboka has voiced his opinion on the matter, suggesting that Masengeli’s legal troubles might be politically motivated.
Wamboka implied that Masengeli was being held responsible for issues that occurred before his tenure as Acting Inspector General.
He pointed out that former Inspector General Japhet Koome was in charge when a series of controversial incidents, including alleged extrajudicial killings and abductions, took place.
If the appeal fails, Masengeli will have to serve the six-month sentence, which could affect his role in the police force.
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