The High Court has set aside the conviction and six-month jail sentence of Deputy Inspector General of Police Gilbert Masengeli.
Masengeli had been sentenced for disobeying a court order requiring him to appear in court. He would later apologise to Justice Lawrence Mugambi to whom he was to appear before.
In a ruling on Friday, Mugambi overturned the sentencing after finding Masengeli’s apology to the court genuine.
At the same time, the judge recused himself from the case over what he termed as personal reasons.
"I have noted that the demeanor of the contemptor was polite and genuine and that he indeed regretted his actions. My observation is that his answers appeared genuine; he was calm and polite. To crown it all, he pleaded with the court, stating that if he had been wrong and made an error of judgment by prioritising other duties over the court summons, he sought forgiveness and mercy from the court.This court is convinced that Masengeli regrets and is genuinely remorseful for the situation he finds himself in. It is not the intention of this court to punish a genuinely repentant man who has acknowledged his mistakes," ruled Mugambi.
