The High Court is expected to hear an application this morning from Acting IG Gilbert Masengeli, who is seeking to suspend his six-month jail sentence pending appeal.
Advocates Cecil Miller and Steve Ogolla submitted the application on September 16, requesting an expedited hearing before Friday, when the sentence is due to take effect.
Masengeli was found in contempt of court by Justice Lawrence Mugambi and sentenced to six months in prison. This ruling stemmed from a request by the Law Society of Kenya, which sought the IG’s assistance in locating three young men who went missing in Kitengela last month.
Masengeli has since appealed Mugambi’s decision, with a hearing scheduled for next week. Today, he is back in court seeking to suspend the jail sentence’s implementation.
“Our client is genuinely concerned that if the court does not hear this application within the seven-day grace period, the requested orders will be ineffective, and the custodial sentence will commence,” they stated.
Masengeli asserts that he was not given a fair opportunity to present his case, claiming Judge Mugambi disregarded his September 4 affidavit stating that the three young men are not in police custody and that investigations are ongoing to locate them.
In a separate case, the hearing for Yassin Moyo’s murder continues today, with his mother expected to testify. Neighbor Ake Wako was the first to provide testimony on Tuesday, followed by his two sisters on Wednesday, all recounting events leading up to Yassin’s shooting.
His mother, Hadija Hussein, is scheduled to testify before trial judge Lillian Mutende around noon. The state has lined up 19 witnesses in the case against police officer Duncan Ndiema, who has pleaded not guilty and is currently out on a Sh1 million cash bail.
Additionally, a new magistrate will provide further directions in the graft case involving former Migori Governor Okoth Obado.
