Petition Seeking the Removal of Masengeli From Office Filed in Court
A Kenyan lawyer has moved to court seeking the removal of Acting Inspector General Gilbert Masengeli from office arguing that he is unfit to hold public office hence calling for his ouster.
The petition comes after Masengeli failed to honor court summons where he was to explain about the missing Kenyans suspected to have been abducted.
Lawyer Charles Mugane in his application 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 and thus he was unfit to hold the office.
“The Respondent needs to be out after his conviction . What he is doing 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”,read Mugame’s petition in parts.
The applicant is seeking a temporary injunction be issued against Gilbert 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 terming his conviction as something sensitive.
“It is clear that 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 advocate told the court.
He further argues that the openly 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 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”, the lawyer said.
“actually its so 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 applicant added.
The advocate adds 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.
The lawyer further in court papers says that 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.
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