Nairobi lawyer Charles Mugane file case seeking to declare DIG Masengeli unfit to hold public office
A Nairobi Lawyer has filed a petition in court seeking the court to declare Deputy Inspector General (DIG), Administration Police Service (APS) and acting IG of the National Police Service Gilbert Masengeli unfit to hold public office.
This is after Masengeli was convicted and consequently jailed for six months for contempt of court.
Masengeli had failed to appear in court seven times to explain the whereabouts of three people who went missing last month in Kitengela.
In his application filed in court, lawyer Charles Mugane claims that the charge of contempt of court is an offence against the administration of justice to which Masengeli was convicted of and which goes against all principles of public service.
“Any time served in office by the Respondent after his conviction is nothing but a gross mutilation and dismemberment of the very Constitution that we so much pride in and in whose defence the Respondent swore to uphold.” Mugane says in documents filed in court.
Mugane now wants a temporary injunction be issued against Masengeli from acting, serving, performing, dispensing and or in any other manner executing the duties of the Office of Inspector General of the National Police Service.
“The message sent by the acts of the contemnor especially to members of the National Police Service is that compliance of court orders is a choice to be exercised at their sole discretion and convenience.” The court documents read in part.
The lawyer argues that the blatant disregard of court orders by the very person at the helm of the institution that is charged with the responsibility of enforcing court orders ought to have been an extreme concern to all as the same renders the jurisdiction of Kenya ungovernable, unruly, disorderly, topsy-turvy, chaotic and a state of anarchy.
“The same shall not at the very minimum be condoned.” He adds.
“It is disturbing to the conscience of the right-thinking members of the Kenyan society as demonstrable from the public outcry against the said actions by the Respondent that a state officer of the caliber of an Acting Inspector General of the Police Service can blatantly disregard express provisions of the Constitution of Kenya and other relevant Statutory Provisions”. The court papers read.
The petitioner contends that Masengeli is unfit to hold any public office for grossly being in breach of Chapter 6 of the Constitution of Kenya and the leadership and Integrity Act.
Mugane says his petition discloses a prima facie case with exponential chances of success as the actions of Masengeli undermine the fundamental provisions of the national values and principles of governance.
