Deputy Inspector General of Police Gilbert Masengeli has taken the stand to purge his contempt.
Judge Lawrence Mugambi in giving him a chance to redeem himself said it is only fair that Masengeli be given an audience.
“I will be going against my orders if I deny him audience as urged by LSK. This is a court of justice and must act fairly,” he said.
The case attracted the attention of Attorney General Dorcas Oduor who appeared in court today for the first time in person.
She was flanked by chief state counsels Emmanuel Bita and Charles Mutinda.
Masengeli was also represented by Advocate Cecil Miller, Steve Ogolla and others.
They told the court that the seven days had not expired and that he should be given a chance to purge the contempt.
Oduor told Justice Lawrence Mugambi that Masengeli’s lack of appearance was not deliberate.
She maintained that the police boss was dealing with delicate issues of national security that truly hindered him from appearing in court.
“We are not excusing the failure of Masengeli to appear in court but to demonstrate that it was not deliberate,” the AG said.
The application was contested by the LSK through Nelson Havi saying the court has no power to proceed with the matter especially after Masengeli appealed challenging both his conviction and sentencing.
“This court can only hear from Masengeli on how he has complied with the order for production. If he has complied, then these proceedings must be terminated or held in abeyance awaiting the outcome of the two appeals he has lodged,” Havi said.
