State officers in Miguna must appear in court in person, Appeal judges say

Monday March 12 2018

Inspector-General of Police Joseph Boinett, Director of Criminal Investigations George Kinoti and Immigration boss Gordon Kihalangwa will have to present themselves in person before High Court judge Luka Kimaru for illegally deporting lawyer Miguna Miguna.

In a suit in which the government intended to suspend the order requiring the three to present themselves in person to face contempt of court proceedings, Court of Appeal judges Roselyn Nambuye, Patrick Kiage and Kathurima M’Inoti declined to block that directive.

“We do not take lightly contempt of court allegations, orders issued by a court are compulsory and must be obeyed by everyone regardless of their status,” said Justice Kiage who delivered the ruling Monday on behalf of the bench.

On February 15, Justice Kimaru declared that Interior CS Fred Matiang’i’s declaration of Dr Miguna as a prohibited immigrant, to be null and void on grounds that it was issued in contempt of orders he had earlier issued.

But Dr Matiang’i was the first to seek to have Justice Kimaru’s decision temporarily suspended pending the determination of the appeal.