In his application filed by lawyer Cecil Miller, he claims the High Court judge Lawrence Mugambi unfairly sentenced him to six months without hearing his side. Gilbert Masengeli was on Friday last week ordered to serve six months in prison after being found guilty of contempt of court.
Justice Lawrence Mugambi directed that he submit himself to the commissioner general of prisons. He was, however, given seven days to appear in court and explain the whereabouts of three people who went missing in August in Kitengela. Masengeli wants the Court of Appeal to suspend his conviction and sentencing, saying he was condemned unheard.
The IG said a decision was made by the courts in the absence of any formal application for contempt. “The judge erred by holding that he cannot send representatives to explain why the order requiring the production of the missing persons had not been complied with” he states in court documents.
He faulted the judge for disregarding his replying affidavit to the case, which he says provided evidence that the missing Kenyans were not in police custody. Masengeli has accused Judge Mugambi of bias saying the court summons did not require his attendance.
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“It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on a priority basis”, the application reads On September 13, Justice Mugambi gave Masengeli a seven-day grace period within which the acting IG could avoid serving the sentence.
“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,” the judge had said.
The IG had failed to honor the summons seven times, citing different reasons.
