High Court Judge Justice Mugambi urges the law enforcers to respect the constitution which they took an oath to protect
He made the comments while directing the Acting Inspector General of Police Gilbert Masengeli to appear before the court without further excuses
High Court Judge Justice Lawrence Mugambi has directed the Acting Inspector General of Police Gilbert Masengeli to appear on zoom and virtually before the court on 12th September 2024, without further excuses
The court had issued the third summons to the IG to appear before the court at 10am, all of which he has failed to comply, summounting to contempt of court
The petitioner [Law Society of Kenya] and three others conjoined , are representing Kenyans and victims who were abducted by police during the countrywide demonstrations
They [Petitioners] demanded the police and particularly the highest office of security be held accountable should they don’t explain comprehensively over the atrocities and violations of human rights meted against the peaceful protesters
While delivering the ruling, Justice Lawrence Mugambi made it clear that even though the IG could be much busy on national duties, but can’t escape the constitution which they upheld to protect and more so honouring court summons that requires police bosse’s presence
“It’s ordered that the Acting Inspector General of Police Gilbert Masengeli do appears before this court virtually on 12th September 2024 at 10am without further excuses so that we can put this matter to rest, we can not be going round and round on the same matter” he ordered
However, Mugambi pointed out that the IG had shown the intent to appear before the court, however, was in Lamu and proceeded to Garissa for national duties which couldn’t be avoided
“The IG has sent the communication that he’s attending an intelligence meeting in Lamu and thereafter will go to Garissa, this court now gives him another last chance to appear on virtual to explain the whereabouts of the abducted victims,” he directed
At the court room, Justice Mugambi was forced to halt the delivery of the ruling after an activist Julius Kariuki, riskingly shouted at the judge carrying a placards demanding the immediate production or release of abducted persons and those who were arbitrary arrested by police aided by ununiformed, masked and unidentified people
This, alone, was the total violations of the police standing orders and the laws of the land where no one should arrest a civilian without identifying himself or herself as police officers and with the appropriate uniform
He was whisked away by the police, halting the session for about thirty minutes before resumptions