Judge Lawrence Mugambi Cancels Gilbert Masengeli's Imprisonment, Recuses Himself From Case

• Deputy Inspector General of Police Gilbert Masengeli's six-month jail sentence for contempt was thrown out by the High Court
• Justice Lawrence Mugambi acknowledged Masengeli's genuine remorse and reasonable explanation for his absence during the court summons.
• The judge pointed out Masengeli's courtesy and explained that his conduct restores the respect of the court and the administration of justice
• Judge Mugambi recused himself from the case, citing personal reasons without giving further details, and the case will be sent to another judge

Nairobi – Deputy Inspector General of Police Gilbert Masengeli can breathe easy after the High Court overturned his six-month jail sentence.

Judge Lawrence Mugambi overturned the sentence for contempt of court after Masengeli failed to appear when he was brought to court.

In his decision delivered on Friday, September 20, Judge Mugambi said Masengeli gave a satisfactory explanation for his absence and regretted his action.

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Justice Mugambi accepted the apology given by the senior police officer, noting that his behavior was polite and respectful during the trial.

“I observed that the demeanor of the scorner was dignified and genuine, and that he regretted his action. My observation is that his response seemed genuine; he was calm and polite.

“His actions today have restored the dignity of the court and the proper administration of justice, by attending the court and explaining the circumstances that made him not execute,” Judge Mugambi said.

Masengeli, who was previously convicted for disobeying a court order, admitted that he may have made a mistake in his decision by prioritizing other duties than the court summons.

Apart from canceling the sentence, Judge Mugambi emphasized that the court does not aim to punish those who have truly repented.

Why did Judge Mugambi resign?

In a surprising move, Judge Mugambi recused himself from the case.

While giving his decision, he explained that his decision was based on personal reasons and did not dwell on specifics.

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“I'm glad to know from LSK that three Kenyans, the subject of this petition, have been found. Having said that, and considering everything else, I am making my decision to withdraw from the continuation of this case personally. reason,” said the judge.

He explained that the file of the case will be placed before the presiding judge for the assignment of another judge.

Why did the court initially reject Masengeli's application?

Earlier, Masengeli's problems increased after the High Court rejected his attempt to apologize and delayed his sentence.

At the hearing, Masengeli, through his lawyers Steve Ogolla and Cecil Miller, wanted to appear before Judge Mugambi to apologize.

However, the court rejected the request, which was seen as an attempt to prevent his six-month prison sentence.

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Source: TUKO.co.ke